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LEG RES OCT 24

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter
shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the
laws or the Constitution. (5a)

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a)

Article 3. Ignorance of the law excuses no one from compliance therewith. (2)

Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal
system of the Philippines. (n)

CHAPTER 1, BOOK III, ADMIN CODE


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

Section 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.

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

Section 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.

Section 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.

Section 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.

Section 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.

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LEG RES OCT 24

CHAPTER 2, BOOK IV, ADMIN CODE


SECRETARIES, UNDERSECRETARIES, AND ASSISTANT SECRETARIES

Section 7. Powers and Functions of the Secretary. - The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations and other issuances,
the promulgation of which is expressly vested by law in the President relative to matters under the
jurisdiction of the Department;

(2) Establish the policies and standards for the operation of the Department pursuant to the approved
programs of governments;

(3) Promulgate rules and regulations necessary to carry out department objectives, policies, functions,
plans, programs and projects;

(4) Promulgate administrative issuances necessary for the efficient administration of the offices under
the Secretary and for proper execution of the laws relative thereto. These issuances shall not
prescribe penalties for their violation, except when expressly authorized by law;

(5) Exercise disciplinary powers over officers and employees under the Secretary in accordance with
law, including their investigation and the designation of a committee or officer to conduct such
investigation;

(6) Appoint all officers and employees of the Department except those whose appointments are
vested in the President or in some other appointing authority; Provided, however, that where the
Department is regionalized on a department-wide basis, the Secretary shall appoint employees to
positions in the second level in the regional offices as defined in this Code;

(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the Department as
are provided by law, and in accordance with the applicable relationships as specified in Chapters 7, 8,
and 9 of this Book;

(8) Delegate authority to officers and employees under the Secretary's direction in accordance with
this Code; and

(9) Perform such other functions as may be provided by law.

CHAPTER 11, BOOK IV, ADMIN CODE


ADMINISTRATIVE ISSUANCES

Section 50. General Classification of Issuances. - The administrative issuances of Secretaries and heads of
bureaus, offices or agencies shall be in the form of circulars or orders.

(1) Circulars shall refer to issuances prescribing policies, rules and regulations, and procedures
promulgated pursuant to law, applicable to individuals and organizations outside the Government and
designed to supplement provisions of the law or to provide means for carrying them out, including
information relating thereto; and

(2) Orders shall refer to issuances directed to particular offices, officials, or employees, concerning
specific matters including assignments, detail and transfer of personnel, for observance or compliance
by all concerned.

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LEG RES OCT 24

1987 CONSTI

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.

SECTION 21. No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate.

SECTION 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve the comfort and convenience of
their inhabitants.

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