Purposes, structure, and interpretive rules
- Government operations are guided by a recodified “unified document” approach for major structural, functional, and procedural principles and rules of governance (Whereas clauses).
- The Code defines general terms unless the specific words, context, or a particular statute requires a different meaning (Section 2).
- The Code adopts an interpretive rule for multilingual texts: when interpreting a law or administrative issuance promulgated in all official languages, the English text controls, unless specifically provided otherwise; ambiguity, omission, or mistake allows consultation of other texts (Section 20).
- The Code addresses revival of repealed laws:
- Express repeal of a prior law that itself expressly repealed a prior law does not revive the law first repealed unless expressly provided (Section 21).
- Implied repeal of a prior law that is itself later repealed revives the prior law unless the repealing law provides otherwise (Section 22).
- The Code states that ignorance of the law excuses no one from compliance (Section 23).
Definitions and government terminology
- The Code defines Government of the Republic of the Philippines as the corporate governmental entity through which government functions are exercised throughout the Philippines, including autonomous regions and local government subdivisions (Section 2(1)).
- The Code distinguishes National Government from local governments (Section 2(2)), and defines Local Government as political subdivisions established by or in accordance with the Constitution (Section 2(3)).
- The Code defines Agency of the Government broadly to include departments, bureaus, offices, instrumentalities, and government-owned or controlled corporations, as well as local government units and distinct units therein (Section 2(4)).
- The Code defines National Agency and Local Agency as units of the National Government and local governments, respectively (Section 2(5)-(6)).
- The Code defines organizational units and categories:
- Department, Bureau, and Office for governmental organization (Section 2(7)-(9)).
- Instrumentality as a National Government agency not integrated within the department framework, with special functions/jurisdiction, some corporate powers, special funds, and operational autonomy, including regulatory agencies, chartered institutions, and GOCCs (Section 2(10)).
- Regulatory agency as an agency expressly vested to regulate, administer, or adjudicate matters affecting substantial rights and interests of private persons with collective power through a commission/board/council (Section 2(11)).
- Chartered institution as an agency organized under a special charter with functions relating to specific constitutional policies or objectives, including state universities and colleges and the monetary authority of the State (Section 2(12)).
- Government-owned or controlled corporation as an agency organized as stock or non-stock corporation, owned by the Government directly or through instrumentalities, wholly or at least fifty-one (51) per cent of capital stock where applicable (Section 2(13)).
- The Code defines Officer and Employee for public service terminology (Section 2(14)-(15)).
Sovereignty, people, symbols, and legal effect
- The national territory comprises the Philippine archipelago with all islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, including terrestrial, fluvial, and aerial domains, territorial sea, seabed, subsoil, insular shelves, and other submarine areas (Section 3).
- The waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimensions, form part of internal waters (Section 3).
- The Code classifies the Philippines’ territorial and political subdivisions as autonomous regions, provinces, subprovinces, cities, municipalities, and barangays (Section 4).
- The Code sets rules on Philippine citizenship:
- Citizens are: those citizens at Constitution adoption; those whose fathers or mothers are citizens; those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship (unless under law deemed renounced by act or omission); and those naturalized according to law (Section 5).
- Citizens marrying aliens retain citizenship unless by act or omission they are deemed to have renounced it (Section 6).
- Natural-born citizens are citizens from birth without needing acts to acquire or perfect Philippine citizenship; those who elect Philippine citizenship under the Constitution are deemed natural-born (Section 7).
- Philippine citizenship may be lost or reacquired only in the manner provided by law (Section 8).
- Dual allegiance is declared inimical to national interest and shall be dealt with by law (Section 9).
- State immunity from suit: no suit lies against the State except with its consent as provided by law (Section 10).
- The State’s legal responsibility for agents is limited to acts performed in accordance with the Constitution and laws by duly authorized representatives, and the State is not bound by mistakes/errors of officers or agents in official functions (Section 11).
- The Code sets national symbols rules:
- The national flag is red, white and blue, with a sun and three stars (Section 12).
- Custody and display rules are governed by appropriate rules and regulations (Section 12(2)).
- The national anthem adopts Julian Felipe’s musical arrangement and composition until otherwise provided by law, for opening or start of all state celebrations and other prescribed occasions (Section 13).
- The Code details the Arms and Great Seal design elements (Section 14).
- The Great Seal is affixed/placed on commissions signed by the President and other official documents required by custom; the President has custody (Section 15).
- Government offices may adopt appropriate coats-of-arms, seals, and banners (Section 16).
- The official languages are Pilipino and English until otherwise provided by law (Section 17).
Publication, official Gazette, and holidays
- Official Gazette publication rule:
- Published in the Official Gazette: all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; certain Supreme Court and Court of Appeals decisions/abstracts as deemed sufficiently important; documents required by law; and documents the President determines to have general application or authorizes for publication (Section 24).
- Publication in the Official Gazette is prima facie evidence of authority (Section 24).
- The Official Gazette is edited in the Office of the President and published weekly in Pilipino or English; sold/distributed by the National Printing Office, which mails copies to subscribers without postage (Section 25).
- Regular holidays and nationwide special days are observed as listed:
- Regular Holidays: New Year’s Day (January 1), Maundy Thursday (movable), Good Friday (movable), Araw ng Kagitingan (April 9), Labor Day (May 1), Independence Day (June 12), National Heroes Day (last Sunday of August), Bonifacio Day (November 30), Christmas Day (December 25), Rizal Day (December 30) (Section 26(1)(A)).
- Nationwide Special Days: All Saints Day (November 1), Last Day of the Year (December 31) (Section 26(1)(B)).
- The terms “legal or regular holiday” and “special holiday” are referred to as “regular holiday” and “special day,” respectively (Section 26(2)).
- The President may proclaim any local special day for a particular date, group, or place (Section 27).
- If the day or last day for doing an act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day (Section 28).
Metrics, time periods, and public office ethics
- The Code requires the metric system for all products, articles, goods, commodities, materials, merchandise, utilities, services, and for commercial transactions such as contracts, agreements, deeds, and other legal instruments publicly and officially attested, and for all official documents; only metric weights and measures may be officially sealed and licensed (Section 29).
- Full nationwide adoption of the metric system is required in all agricultural, commercial, industrial, scientific, and other sectors (Section 30).
- Persons/entities allowed under existing laws to use the English system or other standards/weights are given until the date fixed by the Metric System Board to adopt the metric system (Section 30).
- Legal periods are defined:
- Year = twelve calendar months.
- Month = thirty days, except for a specific calendar month computed by its days.
- Day = twenty-four hours.
- Night = from sunset to sunrise (Section 31).
- Public office is a public trust; public officers and employees must be accountable to the people and serve with utmost responsibility, integrity, loyalty, efficiency, patriotism, and justice, and lead modest lives (Section 32).
- Public officers and employees must owe allegiance to the Senate and the Constitution at all times; any effort to change citizenship or acquire immigrant status of another country during tenure is dealt with by law (Section 33).
- Declaration of assets, liabilities, and net worth is required:
- On assumption of office and as often as required by law, a sworn declaration must be submitted (Section 34).
- Ethics in Government:
- All public officers and employees must be bound by a Code of Ethics promulgated by the Civil Service Commission (Section 35).
- Prohibition on tax-sale property purchases:
- No officer or employee may purchase directly or indirectly any property sold for non-payment of any tax/fee/public charge; such purchase is void (Section 36).
- Incidental authority when taking testimony:
- When authority to take testimony or receive evidence is conferred upon an administrative officer or non-judicial body, it includes power to administer oaths, summon witnesses, and require production of documents through subpoena duces tecum (Section 37).
- Civil liability and supervision rules:
- No civil liability for acts done in performance of official duties unless there is clear showing of bad faith, malice, or gross negligence (Section 38(1)).
- Neglect without just cause to perform a duty within a legally fixed period or a reasonable period if none is fixed causes liability for damages to the private party, without prejudice to other liability under law (Section 38(2)).
- A head of department or superior officer is not civilly liable for wrongful acts/omissions/negligence/misfeasance of subordinates unless actually authorized by written order the specific act or misconduct (Section 38(3)).
- Subordinate officers/employee are not civilly liable for acts done in good faith in performance of duties, but are liable for willful or negligent acts contrary to law, morals, public policy, and good customs even if done under orders (Section 39).
Official oaths and official reports
- All public officers and employees, including every member of the armed forces, must take an oath/affirmation before entering duty to:
- uphold and defend the Constitution,
- bear true faith and allegiance,
- obey laws, legal orders, and decrees,
- faithfully discharge duties to best of ability,
- voluntarily assume the obligation without mental reservation or purpose of evasion (Section 40).
- Copies of the oath must be deposited with the Civil Service Commission and the National Archives (Section 40).
- Officers with general authority to administer oath include:
- notaries public, members of the judiciary, clerks of court, the Secretary of either House of Congress, department/bureau directors, registers of deeds, provincial governors and lieutenant-governors, city mayors, municipal mayors, and any other government officer whose appointment is vested in the President (Section 41(1)).
- Oaths may also be administered by an officer whose duties require presentation of a statement under oath (Section 41(2)).
- Duty to administer oaths:
- Authorized officers (except notaries public, municipal judges, and clerks of court) are not obliged to administer oaths or execute certificates except in matters of official business; for such matters, the officer performing the service charges no fee unless specifically authorized by law (Section 42).
- Annual reports:
- Heads of branches, subdivisions, departments, agencies, or instrumentalities must prepare and submit annual reports to the President on or before the first day of July of each year (Section 43).
- The contents are prescribed by law or, if none, by executive order (Section 44).
- Special reports:
- Each chief of Bureau or other government officer must make special reports concerning the work of his Bureau/Office when required by the President or head of department (Section 45).
- Deposit and inspection:
- Official copies of annual reports are deposited with the National Archives and are open to public inspection (Section 46).
Public contracts and conveyances authority
- Government contracts and conveyances may be executed for and in behalf of the Government and its branches/subdivisions/agencies/instrumentalities, including GOCCs, when demanded by exigencies of service and as long as not prohibited by law (Section 47).
- Conveyance of government real property:
- If titled in the name of the Republic of the Philippines, the deed is executed in behalf of the government by the President unless authority is expressly vested by law in another officer (Section 48(1)).
- If titled in the name of a political subdivision or corporate agency/instrumentality, the deed is executed by the executive head of the agency/instrumentality (Section 48(2)).
- Conveyance of other (non-real) property:
- The contract or deed is executed by the head of the agency with approval of the department head.
- If the agency regularly involves sale/disposition of personal property, the deed is executed by an officer/employee expressly authorized for that purpose (Section 49).
- Transfer of National Government real property to local governments:
- When needed for school purposes or other official use by a local government, the President authorizes transfer and the concerned department head or authority executes the necessary deed of conveyance in favor of the local government by gift, sale, exchange, or otherwise on terms for the interest of the parties (Section 50).
- Nothing authorizes conveyance of unreserved public land, friar land, or any real property held in trust or for a special purpose defined by law (Section 50).
- Execution of contracts:
- Contracts for the Republic are executed by the President unless authority is expressly vested by law or by him in another public officer (Section 51(1)).
- Contracts for political subdivisions and corporate agencies/instrumentalities require approval of their governing boards/councils and are executed by their respective executive heads (Section 51(2)).
Distribution of powers and governing principles
- Governmental power is exercised under guiding principles:
- the Philippines is democratic and republican, with sovereignty in the people;
- dignity of every human person and respect for human rights;
- civilian authority is supreme over the military at all times;
- autonomy of local governments;
- separation of Church and State is inviolable;
- effective and reasonable participation in decision-making at all levels must not be abridged and adequate consultation mechanisms must be facilitated by law;
- powers expressly vested in a branch are not exercised/delegated to another branch except as authorized by the Constitution (Section 1, Book II, Chapter 1).
- Legislative power is vested in Congress (Senate and House), except to the extent reserved to the people by initiative and referendum (Section 2).
- Members of Congress are inhibited:
- no Senator/Representative may hold other government office/employment during term without forfeiting seat, nor be appointed to an office created or whose emoluments increased during the term (Section 3(1));
- no personal appearance as counsel before courts/electoral tribunals/quasi-judicial and other administrative bodies, and no financial interest in contracts or franchises/special privileges granted by the Government during the term; no intervention for pecuniary benefit or matters where called upon to act due to office (Section 3(2)).
- Electoral Tribunals:
- Senate and House each have a sole judge of election contests, returns, and qualifications for its members, composed of nine (9) members: three (3) Supreme Court Justices designated by the Chief Justice and six (6) Members from the Senate/House on proportional representation from political parties and registered party-list organizations; senior Justice is Chairman (Section 4).
- Commission on Appointments:
- consists of the President of the Senate (ex officio Chairman), plus twelve (12) Senators and twelve (12) House Members, elected by each House on proportional representation; Chairman does not vote except in a tie.
- must act on appointments within thirty (30) session days from submission; rules by majority vote of all Members (Section 5).
- Legislative investigations:
- Senate/House/committees may conduct inquiries in aid of legislation under duly published rules of procedure, and rights of persons appearing in or affected must be respected (Section 6).
- Appearances of department heads:
- heads of departments may appear before either House upon consent of the President (initiated by them) or upon request of either House; written questions must be submitted at least three (3) days before scheduled appearance; interpellations are not limited to written questions; state security/public interest can require executive session upon written statement by the President (Section 7).
- Initiative and referendum:
- Congress must provide a system allowing the people to directly propose and enact laws or approve/reject acts/laws or parts passed by Congress or local legislative bodies after registration of a petition signed by at least ten (10) per centum of total registered voters, with every legislative district represented by at least three (3) per centum of registered voters in that district (Section 8).
- Constitutional amendments:
- Congress may propose amendment/revision by three-fourths (3/4) vote of all Members, or call a constitutional convention by two-thirds (2/3) vote; or by majority vote submit question to electorate (Section 9(1)).
- Amendments may be proposed by the people via initiative on a petition of at least twelve (12) per centum of total registered voters with every legislative district represented by at least three (3) per centum; no initiative amendments within five years following ratification of the 1987 Constitution nor oftener than once every five years thereafter; Congress provides implementation (Section 9(2)).
- Validity of constitutional amendments:
- Amendments proposed by Congress or constitutional convention are valid when ratified by majority of votes cast in a plebiscite held not earlier than sixty (60) days nor later than ninety (90) days after approval (Section 10(1)).
- Amendments proposed by people via initiative are valid when ratified by majority of votes cast in a plebiscite held not earlier than sixty (60) days nor later than ninety (90) days after certification of petition sufficiency by the Commission on Elections (Section 10(2)).
Executive power and President’s authority
- Executive power is vested in the President (Section 11).
- The Vice-President:
- has the same qualifications and term of office and is elected with and in the same manner as the President;
- can be removed similarly; may be appointed to the Cabinet without confirmation (Section 12).
- Succession:
- if the President dies/permanently becomes disabled/is removed/is resigns, the Vice-President becomes President to serve the unexpired term (Section 13).
- if both President and Vice-President die/become disabled/are removed/resign, the President of the Senate acts as President, or if unable, the Speaker of the House acts, until President/Vice-President are elected and qualified; Congress provides who serves as Acting President in death/permanent disability/resignation of Acting President, and the Acting President is subject to the same restrictions of powers and disqualifications (Section 13).
- Vacancy in the Vice-President office:
- the President nominates a Vice-President from among Members of the Senate and House; assumes office upon confirmation by majority vote of all Members of both Houses voting separately (Section 14).
- Inhibitions against executive officials:
- the President, Vice-President, Cabinet Members, and deputies/assistants cannot hold other office/employment during tenure unless otherwise provided by the Constitution; cannot practice another profession; cannot participate in business; and cannot be financially interested in contracts or franchises/special privileges granted by the Government or any subdivision/agency/instrumentality including GOCCs or subsidiaries during tenure; must avoid conflicts of interest (Section 15).
- the spouse and relatives by consanguinity or affinity within the fourth civil degree of the President cannot during tenure be appointed as Members of Constitutional Commissions or Office of Ombudsman or as Secretaries/Undersecretaries/chairmen/heads of bureaus/offices including GOCCs and subsidiaries (Section 15).
- Power over aliens:
- The President may deport aliens subject to due process (Section 8).
- Subject to law, the President may allow non-immigrants to acquire permanent residence status without necessity of visa (Section 9).
- Decisions of the Board of Commissioners in deportation cases become final and executory after thirty (30) days from promulgation unless within that period the President orders the contrary (Section 10).
- The President exercises powers regarding aliens recognized by generally accepted principles of international law (Section 11).
- Eminent domain, escheat, land reservation, and ill-gotten wealth:
- The President determines when it is necessary/advantageous for eminent domain and directs the Solicitor General to institute expropriation proceedings (Section 12).
- The President directs the Solicitor General to institute escheat/reversion proceedings over lands transferred/assigned to persons disqualified by the Constitution from acquiring land (Section 13).
- The President may reserve public domain lands for settlement or public use and specific public purposes when not otherwise directed by law; reserved lands remain subject to the purpose until otherwise provided by law or proclamation (Section 14(1)).
- The President may reserve from sale/disposition and for specific public uses or purposes any private domain Government land or Friar Lands not otherwise directed by law, and the land is used for specified purposes until otherwise provided by law (Section 14(2)).
- The President directs the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials/employees, from them or nominees/transferees (Section 15).
- Within the period fixed in or any extension authorized by the Constitution, the President may recover ill-gotten properties amassed by leaders and supporters of the previous regime and protect public interest through orders of sequestration or freezing of assets/accounts (Section 15).
- Appointment power:
- The President appoints officials as provided in the Constitution and laws (Section 16).
- Temporary designation:
- The President may temporarily designate an officer already in service or any competent person to perform functions of an executive office when the regular appointee is unable to perform due to illness/absence/other cause or when there is a vacancy (Section 17(1)).
- The designated person receives compensation attached to the position; if already in government service, he receives only additional compensation so that with existing salary it does not exceed the salary authorized by law for the position; compensation is paid from appropriations for the office/agency concerned (Section 17(2)).
- Temporary designation cannot exceed one (1) year (Section 17(3)).
- General supervision over local governments:
- The President exercises general supervision over local governments (Section 18).
- Ordinance/issuance forms:
- Executive Orders cover presidential acts providing rules of general/permanent character in implementation/execution of constitutional or statutory powers (Section 2).
- Administrative Orders cover acts relating to particular aspects of governmental operations in pursuance of presidential duties as administrative head (Section 3).
- Proclamations fix dates or declare status/condition of public moment/interest upon which operation of a specific law/regulation depends, and have force of an executive order (Section 4).
- Memorandum Orders embody presidential acts on administrative detail or subordinate/temporary interest concerning a particular officer/office (Section 5).
- Memorandum Circulars embody acts on internal administration to be brought to attention of all or some departments/agencies/bureaus/offices for information or compliance (Section 6).
- General/Special Orders issue as Commander-in-Chief of the Armed Forces of the Philippines (Section 7).
- Office organization:
- The Office of the President consists of the Office of the President Proper and agencies under it (Section 21).
- The Office of the President Proper includes the Private Office, Executive Office, Common Staff Support System, and Presidential Special Assistants/Advisers System (Section 22(1)).
- The Executive Office includes Offices of the Executive Secretary, Deputy Executive Secretaries, and Assistant Executive Secretaries (Section 22(2)).
- Private Office:
- provides direct services to the President for personal matters and those pertaining to the First Family (Section 24).
- Executive Office structure:
- headed by the Executive Secretary assisted by one (1) or more Deputy Executive Secretaries and one (1) or more Assistant Executive Secretaries (Section 26).
- the Executive Secretary carries out functions assigned by law and other delegated duties, under control and supervision of the President (Section 27).
- Reorganization of Office of the President:
- The President has continuing authority to reorganize the Office of the President administrative structure to achieve simplicity, economy, and efficiency subject to Executive Office policy (Section 31).
- Reorganization actions include:
- restructuring internal organization by abolishing/consolidating/merging units or transferring functions (Section 31(1));
- transferring functions between the Office of the President and other departments/agencies (Section 31(2));
- transferring agencies between the Office of the President and other departments/agencies (Section 31(3)).
- Department organization policy (Book IV framework):
- Departments are necessary for functional distribution of President’s work and performance of functions (Section 1, Book IV, Chapter 1).
- Departments are organized to plan and implement programs consistent with national policies; bureaus/offices are grouped primarily by major functions to achieve simplicity/economy/efficiency and minimize duplication (Section 2(1)-(2)).
- Functions are decentralized to reduce red tape and central officials’ administrative burden; adequate authority is delegated to subordinate officials and decisions/actions are at the level closest to the public as feasible (**