PubOff ES SECTION 37. Powers Incidental to Taking of Testimony.

—When
authority to take testimony or receive evidence is conferred upon any
Executive Order No. 292 [BOOK I/Chapter 9-General Principles administrative officer or any non-judicial person, committee, or other
Governing Public Officers] body, such authority shall include the power to administer oaths,
Signed on July 25, 1987 summon witnesses, and require the production of documents by a
subpoena duces tecum.
CHAPTER 9
General Principles Governing Public Officers SECTION 38. Liability of Superior Officers.—(1) A public officer shall
not be civilly liable for acts done in the performance of his official
SECTION 32. Nature of Public Office.—Public office is a public trust. duties, unless there is a clear showing of bad faith, malice or gross
Public officers and employees must at all times be accountable to the negligence.
people, serve them with the utmost responsibility, integrity, loyalty and
efficiency, act with patriotism and justice, and lead modest lives. (2) Any public officer who, without just cause, neglects to perform a
duty within a period fixed by law or regulation, or within a reasonable
SECTION 33. Policy on Change of Citizenship.—Public officers and period if none is fixed, shall be liable for damages to the private party
employees owe the State and the Constitution allegiance at all times, concerned without prejudice to such other liability as may be
and any public officer or employee who seeks to change his prescribed by law.
citizenship or acquire the status of an immigrant of another country
during his tenure shall be dealt with by law. (3) A head of a department or a superior officer shall not be civilly
liable for the wrongful acts, omissions of duty, negligence, or
SECTION 34. Declaration of Assets, Liabilities and Net Worth.—A misfeasance of his subordinates, unless he has actually authorized by
public officer or employee shall, upon assumption of office and as written order the specific act or misconduct complained of.
often thereafter as may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. SECTION 39. Liability of Subordinate Officers. —No subordinate
officer or employee shall be civilly liable for acts done by him in good
SECTION 35. Ethics in Government.—All public officers and faith in the performance of his duties. However, he shall be liable for
employees shall be bound by a Code of Ethics to be promulgated by willful or negligent acts done by him which are contrary to law, morals,
the Civil Service Commission. public policy and good customs even if he acted under orders or
instructions of his superiors.
SECTION 36. Inhibition Against Purchase of Property at Tax
Sale.—No officer or employee of the government shall purchase BOOK VII
directly or indirectly any property sold by the government for the
non-payment of any tax, fee or other public charge. Any such ADMINISTRATIVE PROCEDURE
purchase by an officer or employee shall be void.
CHAPTER 1
GENERAL PROVISIONS
 parties as required by the Constitution or by law are to be determined
Section 1. Scope. - This Book shall be applicable to all agencies after hearing.
as defined in the next succeeding section, except the Congress, the
Judiciary, the Constitutional Commissions, military establishments in (6) "Person" includes an individual, partnership, corporation,
all matters relating exclusively to Armed Forces personnel, the Board association, public or private organization of any character other than
of Pardons and Parole, and state universities and colleges. an agency.

Section 2. Definitions. - As used in this Book: (7) "Party" includes a person or agency named or admitted as a
party, or properly seeking and entitled as of right to be admitted as a
(1) "Agency" includes any department, bureau, office, party, in any agency proceeding; but nothing herein shall be
commission, authority or officer of the National Government construed to prevent an agency from admitting any person or agency
authorized by law or executive order to make rules, issue licenses, as a party for limited purposes.
grant rights or privileges, and adjudicate cases; research institutions
with respect to licensing functions; government corporations with (8) "Decision" means the whole or any part of the final disposition,
respect to functions regulating private right, privileges, occupation or not of an interlocutory character, whether affirmative, negative, or
business; and officials in the exercise of disciplinary power as injunctive in form, of an agency in any matter, including licensing, rate
provided by law. fixing and granting of rights and privileges.

(2) "Rule" means any agency statement of general applicability (9) "Adjudication" means an agency process for the formulation of
that implements or interprets a law, fixes and describes the a final order.
procedures in, or practice requirements of, an agency, including its
regulations. The term includes memoranda or statements concerning (10) "License" includes the whole or any part of any agency permit,
the internal administration or management of an agency not affecting certificate, passport, clearance, approval, registration, charter,
the rights of, or procedure available to, the public. membership, statutory exemption or other form of permission, or
regulation of the exercise of a right or privilege.
(3) "Rate" means any charge to the public for a service open to all
and upon the same terms, including individual or joint rates, tolls, (11) "Licensing" includes agency process involving the grant,
classifications, or schedules thereof, as well as commutation, mileage, renewal, denial, revocation, suspension, annulment, withdrawal,
kilometerage and other special rates which shall be imposed by law or limitation, amendment, modification or conditioning of a license.
regulation to be observed and followed by any person.
(12) "Sanction" includes the whole or part of a prohibition, limitation
(4) "Rule making" means an agency process for the formulation, or other condition affecting the liberty of any person; the withholding of
amendment, or repeal of a rule. relief; the imposition of penalty or fine; the destruction, taking, seizure
or withholding of property; the assessment of damages,
(5) "Contested case" means any proceeding, including licensing, reimbursement, restitution, compensation, cost, charges or fees; the
in which the legal rights, duties or privileges asserted by specific
revocation or suspension of license; or the taking of other compulsory above provided unless a different date is fixed by law, or specified in
or restrictive action. the rule in cases of imminent danger to public health, safety and
welfare, the existence of which must be expressed in a statement
(13) "Relief" includes the whole or part of any grant of money, accompanying the rule. The agency shall take appropriate measures
assistance, license, authority, privilege, exemption, exception, or to make emergency rules known to persons who may be affected by
remedy; recognition of any claim, right, immunity, privilege, exemption them.
or exception; or taking of any action upon the application or petition of
any person. Section 5. Publication and Recording. - The University of the
Philippines Law Center shall:
(14) "Agency proceeding" means any agency process with respect
to rule-making, adjudication and licensing. (1) Publish a quarter bulletin setting forth the text of rules filed with
it during the preceding quarter; and
"Agency action" includes the whole or part of every agency rule,
order, license, sanction, relief or its equivalent or denial thereof. (2) Keep an up-to-date codification of all rules thus published and
remaining in effect, together with a complete index and appropriate
CHAPTER 2 tables.
RULES AND REGULATIONS
Section 6. Omission of Some Rules. -
Section 3. Filing. -
(1) The University of the Philippines Law Center may omit from
(1) Every agency shall file with the University of the Philippines the bulletin or the codification any rule if its publication would be
Law Center three (3) certified copies of every rule adopted by it. Rules unduly cumbersome, expensive or otherwise inexpedient, but copies
in force on the date of effectivity of this Code which are not filed within of that rule shall be made available on application to the agency which
three (3) months from that date shall not thereafter be the basis of any adopted it, and the bulletin shall contain a notice stating the general
sanction against any party or persons. subject matter of the omitted rule and new copies thereof may be
obtained.
(2) The records officer of the agency, or his equivalent
functionary, shall carry out the requirements of this section under pain (2) Every rule establishing an offense or defining an act which,
of disciplinary action. pursuant to law, is punishable as a crime or subject to a penalty shall
in all cases be published in full text.
(3) A permanent register of all rules shall be kept by the issuing
agency and shall be open to public inspection. Section 7. Distribution of Bulletin and Codified Rules. - The
University of the Philippines Law Center shall furnish one (1) free
Section 4. Effectivity. - In addition to other rule-making copy each of every issue of the bulletin and of the codified rules or
requirements provided by law not inconsistent with this Book, each supplements to the Office of the President, Congress, all appellate
rule shall become effective fifteen (15) days from the date of filing as courts and the National Library. The bulletin and the codified rules
shall be made available free of charge to such public officers or date of the hearing and shall state the date, time and place of the
agencies as the Congress may select, and to other persons at a price hearing.
sufficient to cover publication and mailing or distribution costs.
(2) The parties shall be given opportunity to present evidence and
Section 8. Judicial Notice. - The court shall take judicial notice of argument on all issues. If not precluded by law, informal disposition
the certified copy of each rule duly filed or as published in the bulletin may be made of any contested case by stipulation, agreed settlement
or the codified rules. or default.

Section 9. Public Participation. - (3) The agency shall keep an official record of its proceedings.

(1) If not otherwise required by law, an agency shall, as far as Section 12. Rules of Evidence. - In a contested case:
practicable, publish or circulate notices of proposed rules and afford
interested parties the opportunity to submit their views prior to the (1) The agency may admit and give probative value to evidence
adoption of any rule. commonly accepted by reasonably prudent men in the conduct of
their affairs.
(2) In the fixing of rates, no rule or final order shall be valid unless
the proposed rates shall have been published in a newspaper of (2) Documentary evidence may be received in the form of copies
general circulation at least two (2) weeks before the first hearing or excerpts, if the original is not readily available. Upon request, the
thereon. parties shall be given opportunity to compare the copy with the
original. If the original is in the official custody of a public officer, a
(3) In case of opposition, the rules on contested cases shall be certified copy thereof may be accepted.
observed.
(3) Every party shall have the right to cross-examine witnesses
CHAPTER 3 presented against him and to submit rebuttal evidence.
ADJUDICATION
(4) The agency may take notice of judicially cognizable facts and
Section 10. Compromise and Arbitration. - To expedite of generally cognizable technical or scientific facts within its
administrative proceedings involving conflicting rights or claims and specialized knowledge. The parties shall be notified and afforded an
obviate expensive litigations, every agency shall, in the public interest, opportunity to contest the facts so noticed.
encourage amicable settlement, compromise and arbitration.
Section 13. Subpoena. - In any contested case, the agency shall
Section 11. Notice and Hearing in Contested Cases. - have the power to require the attendance of witnesses or the
production of books, papers, documents and other pertinent data,
(1) In any contested case all parties shall be entitled to notice and upon request of any party before or during the hearing upon showing
hearing. The notice shall be served at least five (5) days before the of general relevance. Unless otherwise provided by law, the agency
may, in case of disobedience, invoke the aid of the Regional Trial
Court within whose jurisdiction the contested case being heard falls. otherwise, no license may be withdrawn, suspended, revoked or
The Court may punish contumacy or refusal as contempt. annulled without notice and hearing.

Section 14. Decision. - Every decision rendered by the agency in a Section 18. Non-expiration of License. - Where the licensee has
contested case shall be in writing and shall state clearly and distinctly made timely and sufficient application for the renewal of a license with
the facts and the law on which it is based. The agency shall decide reference to any activity of a continuing nature, the existing license
each case within thirty (30) days following its submission. The parties shall not expire until the application shall have been finally determined
shall be notified of the decision personally or by registered mail by the agency.
addressed to their counsel of record, if any, or to them.
CHAPTER 4
Section 15. Finality of Order. - The decision of the agency shall ADMINISTRATIVE APPEAL IN CONTESTED CASES
become final and executory fifteen (15) days after the receipt of a
copy thereof by the party adversely affected unless within that period Section 19. Appeal. - Unless otherwise provided by law or
an administrative appeal or judicial review, if proper, has been executive order, an appeal from a final decision of the agency may be
perfected. One motion for reconsideration may be filed, which shall taken to the Department head.
suspend the running of the said period.
Section 20. Perfection of Administrative Appeals. -
Section 16. Publication and Compilation of Decisions. -
(1) Administrative appeals under this Chapter shall be perfected
(1) Every agency shall publish and make available for public within fifteen (15) days after receipt of a copy of the decision
inspection all decisions or final orders in the adjudication of contested complained of by the party adversely affected, by filing with the
cases. agency which adjudicated the case a notice of appeal, serving copies
thereof upon the prevailing party and the appellate agency, and
(2) It shall be the duty of the records officer of the agency or his paying the required fees.
equivalent functionary to prepare a register or compilation of those
decisions or final orders for use by the public. (2) If a motion for reconsideration is denied, the movant shall have
the right to perfect his appeal during the remainder of the period for
Section 17. Licensing Procedure. - appeal, reckoned from receipt of the resolution of denial. If the
decision is reversed on reconsideration, the aggrieved party shall
(1) When the grant, renewal, denial or cancellation of a license is have fifteen (15) days from receipt of the resolution of reversal within
required to be preceded by notice and hearing, the provisions which to perfect his appeal.
concerning contested cases shall apply insofar as practicable.
(3) The agency shall, upon perfection of the appeal, transmit the
(2) Except in cases of willful violation of pertinent laws, rules and records of the case to the appellate agency.
regulations or when public security, health, or safety require
Section 21. Effect of Appeal. - The appeal shall stay the decision (4) Appeal from an agency decision shall be perfected by filing
appealed from unless otherwise provided by law, or the appellate with the agency within fifteen (15) days from receipt of a copy thereof
agency directs execution pending appeal, as it may deem just, a notice of appeal, and with the reviewing court a petition for review of
considering the nature and circumstances of the case. the order. Copies of the petition shall be served upon the agency and
all parties of record. The petition shall contain a concise statement of
Section 22. Action on Appeal. - The appellate agency shall review the issues involved and the grounds relied upon for the review, and
the records of the proceedings and may, on its own initiative or upon shall be accompanied with a true copy of the order appealed from,
motion, receive additional evidence. together with copies of such material portions of the records as are
referred to therein and other supporting papers. The petition shall be
Section 23. Finality of Decision of Appellate Agency. - In any under oath and shall show, by stating the specific material dates, that
contested case, the decision of the appellate agency shall become it was filed within the period fixed in this chapter.
final and executory fifteen (15) days after the receipt by the parties of
a copy thereof. (5) The petition for review shall be perfected within fifteen (15)
days from receipt of the final administrative decision. One (1) motion
Section 24. Hearing Officers. - for reconsideration may be allowed. If the motion is denied, the
movant shall perfect his appeal during the remaining period for appeal
(1) Each agency shall have such number of qualified and competent reckoned from receipt of the resolution of denial. If the decision is
members of the base as hearing officers as may be necessary for the reversed on reconsideration, the appellant shall have fifteen (15) days
hearing and adjudication of contested cases. from receipt of the resolution to perfect his appeal.

(2) No hearing officer shall engaged in the performance of (6) The review proceeding shall be filed in the court specified by
prosecuting functions in any contested case or any factually related statute or, in the absence thereof, in any court of competent
case. jurisdiction in accordance with the provisions on venue of the Rules of
Court.
Section 25. Judicial Review. -
(7) Review shall be made on the basis of the record taken as a
(1) Agency decisions shall be subject to judicial review in whole. The findings of fact of the agency when supported by
accordance with this chapter and applicable laws. substantial evidence shall be final except when specifically provided
otherwise by law.
(2) Any party aggrieved or adversely affected by an agency
decision may seek judicial review. Section 26. Transmittal of Record. - Within fifteen (15) days from
the service of the petition for review, the agency shall transmit to the
(3) The action for judicial review may be brought against the court the original or a certified copy of the entire records of the
agency, or its officers, and all indispensable and necessary parties as proceeding under review. The record to be transmitted may be
defined in the Rules of Court. abridged by agreement of all parties to the proceedings. The court
may require or permit subsequent correction or additions to the (3) A vote of at least one-third of all the Members of the House shall
record. be necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution.
THE 1987 CONSTITUTION The vote of each Member shall be recorded.

ARTICLE XI (4) In case the verified complaint or resolution of impeachment is filed

by at least one-third of all the Members of the House, the same shall
Accountability of Public Officers constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
SECTION 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people, serve them (5) No impeachment proceedings shall be initiated against the same
with utmost responsibility, integrity, loyalty, and efficiency, act with official more than once within a period of one year.
patriotism and justice, and lead modest lives.
(6) The Senate shall have the sole power to try and decide all cases
SECTION 2. The President, the Vice-President, the Members of the of impeachment. When sitting for that purpose, the Senators shall be
Supreme Court, the Members of the Constitutional Commissions, and on oath or affirmation. When the President of the Philippines is on
the Ombudsman may be removed from office, on impeachment for, trial, the Chief Justice of the Supreme Court shall preside, but shall
and conviction of, culpable violation of the Constitution, treason, not vote. No person shall be convicted without the concurrence of
bribery, graft and corruption, other high crimes, or betrayal of public two-thirds of all the Members of the Senate.
trust. All other public officers and employees may be removed from
office as provided by law, but not by impeachment. (7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
SECTION 3. (1) The House of Representatives shall have the Republic of the Philippines, but the party convicted shall nevertheless
exclusive power to initiate all cases of impeachment. be liable and subject to prosecution, trial, and punishment according
to law.
(2) A verified complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a resolution of (8) The Congress shall promulgate its rules on impeachment to
endorsement by any Member thereof, which shall be included in the effectively carry out the purpose of this section.
Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after SECTION 4. The present anti-graft court known as the
hearing, and by a majority vote of all its Members, shall submit its Sandiganbayan shall continue to function and exercise its jurisdiction
report to the House within sixty session days from such referral, as now or hereafter may be provided by law.
together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days SECTION 5. There is hereby created the independent Office of the
from receipt thereof. Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military SECTION 11. The Ombudsman and his Deputies shall serve for a
establishment may likewise be appointed. term of seven years without reappointment. They shall not be qualified
to run for any office in the election immediately succeeding their
SECTION 6. The officials and employees of the Office of the cessation from office.
Ombudsman, other than the Deputies, shall be appointed by the
Ombudsman according to the Civil Service Law. SECTION 12. The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner
SECTION 7. The existing Tanodbayan shall hereafter be known as against public officials or employees of the Government, or any
the Office of the Special Prosecutor. It shall continue to function and subdivision, agency or instrumentality thereof, including
exercise its powers as now or hereafter may be provided by law, government-owned or controlled corporations, and shall, in
except those conferred on the Office of the Ombudsman created appropriate cases, notify the complainants of the action taken and the
under this Constitution. result thereof.

SECTION 8. The Ombudsman and his Deputies shall be natural-born SECTION 13. The Office of the Ombudsman shall have the following
citizens of the Philippines, and at the time of their appointment, at powers, functions, and duties:
least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates (1) Investigate on its own, or on complaint by any person, any act or
for any elective office in the immediately preceding election. The omission of any public official, employee, office or agency, when such
Ombudsman must have for ten years or more been a judge or act or omission appears to be illegal, unjust, improper, or inefficient.
engaged in the practice of law in the Philippines.
(2) Direct, upon complaint or at its own instance, any public official or
During their tenure, they shall be subject to the same disqualifications employee of the Government, or any subdivision, agency or
and prohibitions as provided for in Section 2 of Article IX-A of this instrumentality thereof, as well as of any government-owned or
Constitution. controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any
SECTION 9. The Ombudsman and his Deputies shall be appointed by abuse or impropriety in the performance of duties.
the President from a list of at least six nominees prepared by the
Judicial and Bar Council, and from a list of three nominees for every (3) Direct the officer concerned to take appropriate action against a
vacancy thereafter. Such appointments shall require no confirmation. public official or employee at fault, and recommend his removal,
All vacancies shall be filled within three months after they occur. suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
SECTION 10. The Ombudsman and his Deputies shall have the rank
of Chairman and Members, respectively, of the Constitutional (4) Direct the officer concerned, in any appropriate case, and subject
Commissions, and they shall receive the same salary, which shall not to such limitations as may be provided by law, to furnish it with copies
be decreased during their term of office. of documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds or properties,
and report any irregularity to the Commission on Audit for appropriate SECTION 17. A public officer or employee shall, upon assumption of
action. office and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth. In the
(5) Request any government agency for assistance and information case of the President, the Vice-President, the Members of the
necessary in the discharge of its responsibilities, and to examine, if Cabinet, the Congress, the Supreme Court, the Constitutional
necessary, pertinent records and documents. Commissions and other constitutional offices, and officers of the
armed forces with general or flag rank, the declaration shall be
(6) Publicize matters covered by its investigation when circumstances disclosed to the public in the manner provided by law.
so warrant and with due prudence.
SECTION 18. Public officers and employees owe the State and this
(7) Determine the causes of inefficiency, red tape, mismanagement, Constitution allegiance at all times, and any public officer or employee
fraud, and corruption in the Government and make recommendations who seeks to change his citizenship or acquire the status of an
for their elimination and the observance of high standards of ethics immigrant of another country during his tenure shall be dealt with by
and efficiency. law.

(8) Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal

autonomy. Its approved annual appropriations shall be automatically
and regularly released.

SECTION 15. The right of the State to recover properties unlawfully

acquired by public officials or employees, from them or from their
nominees or transferees, shall not be barred by prescription, laches,
or estoppel.

SECTION 16. No loan, guaranty, or other form of financial

accommodation for any business purpose may be granted, directly or
indirectly, by any government-owned or controlled bank or financial
institution to the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they
have controlling interest, during their tenure.