Administrative Code of 1987/Book III/Title I

by Corazon Aquino

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Title I—POWERS OF THE PRESIDENT

Chapter 1—Power of Control

Section 1. Power of Control.—The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

Chapter 2—Ordinance Power

Sec. 2. Executive Orders.—Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.

Sec. 3. Administrative Orders.—Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.

Sec. 4. Proclamations.—Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.

Sec. 5. Memorandum Orders.—Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.

Sec. 6. Memorandum Circulars.—Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars.

Sec. 7. General or Special Orders.—Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.

Chapter 3—Power Over Aliens

Sec. 8. Power to Deport.—The President shall have the power to deport aliens subject to the requirements of due process.

Sec. 9. Power to Change Non-Immigrant Status of Aliens.—The President, subject to the provisions of law, shall have the power to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa.

Sec. 10. Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration.—The decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation, unless within such period the President shall order the contrary.

Sec. 11. Power over Aliens under the General Principles of International Law.—The President shall exercise with respect to aliens in the Philippines such powers as are recognized by the generally accepted principles of international law.

Chapter 4—Power Over Eminent Domain, Escheat, Land
Reservation and Recovery of Ill-gotten Wealth

Sec. 12. Power of Eminent Domain.—The President shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the National Government, and direct the Solicitor General, whenever he deems the action advisable, to institute expropriation proceedings in the proper court.

Sec. 13. Power to Direct Escheat or Reversion Proceedings.—The President shall direct the Solicitor General to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquire land.

Sec. 14. Power to Reserve Lands of the Public and Private Domain of the Government.—(1) The President shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation.

(2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law.

Sec. 15. Power over Ill-gotten Wealth.—The President shall direct the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.

Within the period fixed in, or any extension thereof authorized by, the Constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts.

Chapter 5—Power of Appointment

Sec. 16. Power of Appointment.—The President shall exercise the power to appoint such officials as provided for in the Constitution and laws.

Sec. 17. Power to Issue Temporary Designation.—(1) The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness, absence or any other cause; or (b) there exists a vacancy;

(2) The person designated shall receive the compensation attached to the position, unless he is already in the government service in which case he shall receive only such additional compensation as, with his existing salary, shall not exceed the salary authorized by law for the position filled. The compensation hereby authorized shall be paid out of the funds appropriated for the office or agency concerned.

(3) In no case shall a temporary designation exceed one (1) year.

Chapter 6—General Supervision over Local Governments

Sec. 18. General Supervision Over Local Governments.—The President shall exercise general supervision over local governments.

Chapter 6—Other Powers

Sec. 19. Powers Under the Constitution.—The President shall exercise such other powers as are provided for in the Constitution.

Sec. 20. Residual Powers.—Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law.