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Gubernatorial Order No. 004
Gubernatorial Order No. 004
NAGA CITY
PREAMBLE
The sovereign people of Grade 9, who intends to have a more functioning government,
and we as officials who govern and keep an indomitable administration, create these
provisions that will provide equal protection, sustain the general welfare, and promote the
common good to ourselves and our posterity; the legacies of the leaderships of the current
council that implement laws and jurisdiction under its sovereign and political domains,
establish the government that the congregation seeks that should embody the ideals and
aspirations, hereby proclaim the equality and unity of the people between government
and shall promote federalism and independence in accordance to the supremacy of the
Constitution to the laws and orders that exists and circulates in the territories or inside the
sovereignty and jurisprudence of its functioning government. The blessings of Liberty
and Democracy under the rule of law; we the Grade 9 Officers, by virtue of the powers
and authority granted by the Constitution, do hereby promulgate and ordain the
provisions and policies of the Departmental Code of Grade 9.
TITLE I
DECLARATION OF POLICIES
Chapter 1 – The Code, and Interpretation of Laws
Article 2 – The Supreme Student Council shall recognize the federal government of
Grade 9 and shall not intervene in any affairs of its administration unless aid and
emergency takeover of its general laws shall cross the barriers and the limits of the pact
of the both parties.
Article 3 – The government shall ensure its officers that their duties are executed in
accordance with the Constitution.
Article 4 – The Government shall embody the ideals and the cry of its people. No law
shall be passed contradicting the provisions of these policies unless amended or repealed.
Article 5 – The government shall ensure that the laws are faithfully executed.
Article 6 – This code shall be considered as the Secondary Constitution. But it shall not
be equal to the authority of the Constitution but will be only its substitute.
Article 7 – All acts, orders, memorandum, and proclamations of the Governor shall be
legally recognized by this Order subject to reasonable statements provided in such
issuances of the executive department.
Article 8 – Gubernatorial Order No. 003 Sections 4, and 5 shall hereby be repealed. All
remaining statements thereof shall be modified and remain in full force and effect.
Article 10 – The separation and prohibition of conspiracies between GLO and Class
officers shall be inviolable. Any violation in this law shall be dealt with accordingly.
Article 14 – This code shall be applicable in all sectors and organizations establish by the
government including the Class officers per section and as well as the officers in the
department itself.
The Governor
Article 15 – The Officers in the Grade 9 Department shall not, during their tenure, hold
any other office or employment. Neither shall he engage in the practice of any profession
or in the active management or control of any business which in any way be affected by
the functions of his office, nor shall he be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries. As stated in Article VIII Section 2 of the Departmental
Constitution.
Article 16 – The Governor’s duty in the Government shall be both political and
ceremonial. His ceremonial duties are to accept representatives and open the doors for
other representatives. He will be tasked to negotiate with other departments and be an
acting “senator” to the SSC. Wherefore this political duty is to implement laws, approve
decrees, and all the duties of the Governor provided in the Constitution.
Article 17 – Whenever the Governor suspends the privilege of the writ of habeas corpus
or declare martial law as provided in Article V Section 6 of the Departmental
Constitution whenever arises of an imminent disturbance against the government, and
serious threat against the administration. He may also declare martial law in his
department or a specific section wherefore an activity of lawlessness or any means
therefore be considered as a threat to its security, all class officers shall be abolished
including the President and appoint a beadle who will do the surveillance in the specified
section.
Article 18 – The established Supreme Court of its department may advise the governor to
suspend the habeas corpus when activities such as cyberlibel or cybercrime. Any
indulgences thereof by the effectiveness of the suspension of habeas corpus and
whenever the judgement of the Governor or the Supreme Court there exist a grave
emergency or a threat or imminence thereof, he may issue such orders as he may deem
necessary to meet the emergency including but not limited to preventive detention. As
provided in Presidential Decree No. 1737
Article 19 – Whenever the time martial law is declared, it will exist for not more than 45
days. Subject to the powers and authority of the governor that there exist a grave threat or
imminent danger, the assembly may consider the extension of martial law to 60 days.
Article 21 – The governor may enact policies such as Gubernatorial Order, Memorandum
Circulars, Proclamation, Special Orders, Administrative Order, General Orders, and
Memorandum Orders. These acts of implementation may be converted, amended, or
repealed accordingly with the same act of the Executive Branch.
Article 22 – The Governor shall establish the private sectors federal from the
Departmental Government such as the Commissions in Grade 9 to avoid corruption and
indulgences exercised by such officers.
The Vice-Governor
Article 23 – The Vice-Governor shall be the speaker of the Assembly enjoined by the
Constitution to legislate. The Speaker shall also be the President of the Congress of its
department and shall preside all meetings that will occur within the department.
Article 25 – The Vice-Governor shall have the political powers provided by law and shall
ensure that the laws are faithfully executed. He may be removed in office by the
judgement of the Governor or an impeachment.
Article 26 – The Vice-Governor shall have the sole power to declare such proclamation
and orders in connection to the Governor’s health condition. He/she may order such
implementation if deemed necessary to take charge of the emergency, he/she may place
the governor under self-medication or quarantine. The Vice-Governor may extend or lift
the self-medication if the condition of the governor was already back to normal. All
proclamations issued by the Vice-Governor shall be only effective to the Governor.
Article 27 – Whenever the Governor is placed under self-medication, he may still issue
such orders and proclamations in accordance to his duties as Governor and head of its
department.
Article 28 - The Vice-Governor shall also convene meetings with the class
representatives or presidents whenever the Governor is not around. He/she may also
convene meetings with the leaders of such commissions of government that is established
by the platforms of the Governor in which the Vice-Governor shall be the presider of all
sessions.
Article 31 - The members of all Commissions shall not, during their tenure, hold any
other office or employment. Neither shall he engage in the practice of any profession or
in the active management or control of any business which in any way be affected by the
functions of his office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations or their subsidiaries. As stated in Article VIII Section 2 of the Departmental
Constitution.
Article 37 – All provisions of this title shall be implemented and these articles shall be
the policies and duties of officers in accordance with the constitution and government
code.
Article 39 – The Governor shall appoint a Chief Justice and be qualified after the
confirmation of the assembly. All Sergeant at Arms of all 6 sections shall be acting
associate justices and serve until the expiration of S.Y. 2021-2022.
Article 40 – All sergeant at arms shall be the promotor of justice and shall preserve the
law and order to their classrooms. No sergeant at arms shall be in any conspiracy as
provided in Article 10, 11, and 12.
Article 41 – Sergeant at Arms in GLO shall be the main associate justices in the
Government and shall maintain law and order in its designated Department.
Article 43 – The governor may abolish all of these sectors of government whenever their
duties shall not be executed. In case when the Supreme Court is abolished, all judicial
powers shall be vested in all GLO.
Article 44 – The judicial sectors of government shall also be included in the platforms of
Grade 9 Officers and shall be in full force and effect after the plebiscite of the
Departmental Constitution.
Article 45 – All members of the judicial branch including class sergeant at arms, pursuant
to Article 13 of this Code, shall be given 5-15 days to submit their Statement of Assets
Liabilities and Net-Worth to avoid corruption of the mentioned sector of government.
TITLE II
AUTONOMY OF SECTIONS OF GRADE 9
Chapter 1 – Federalism and Independency of all Sections
Article 48 – The leagues or federations shall adopt a Constitution and by-laws which
shall govern their internal organization and operation: Provided, that said Constitution
and by-laws shall always conform to the provision of the Constitution and existing laws.
As provided in BOOK III, Section 509. Constitution-by-laws of the Local Government
Code of the Philippines
Article 51 – The all sectors shall be autonomous from the GLO, and the GLO shall be
autonomous from the SSC. No intercession of government to each sector unless there will
be an emergency and the government shall take action to suppress and protect the
foundation the sectors of grade 9 department.
Financial Activities
Article 52 – Financial support shall be given by the Grade 9 Department whenever there
are times of slow economy of loss of budget to such sectors in grade 9. Whenever there
are financial transactions are exercised, the Commission of Audit shall record the
statements of assets on how much cash is given and shall be publicized to avoid the
corruption and no violation in Article 13 of this Code and in accordance to the duties of
the Commission on Audit.
Article 53 – All activities of the Government and wherein the income or budget is
involved, it is therefore required to release a statement on which the Audit Commission
shall provide. They shall be given for at least 9 days to release the statement of budgets.
Officers involved shall include the activity on their SALN when released by individuals
per month.
Imprisonment of five years and fine of not exceeding Five Thousand Pesos and all
compensation shall not be included in this Departmental Code. As amended by this order,
any violation of this law shall be suspended from his duty or removal from office. Failure
to submit his documents of SALN shall be prosecuted or dismissed from his occupation.
Monetary Board
Article 56 – The GLO Auditor shall be responsible in all documents comprising the
assets, debts, and monthly data of the SALN of all officers. He shall have the authority
and responsibility to release the monthly due and budget of Grade 9. The treasurer shall
be responsible in the release of certain budgets, Development Income Fund, and shall
make a report of the total GDP and both offices shall, within 25 days, submit the report of
the Fiscal year per month.
Article 57 – The governor shall declare the fiscal year of its Department before the
duration of their term. It shall compose all reports and budget allocations submitted by
the Auditor. The Vice-Governor shall establish the monetary board concluding all
statements and documents of fund release, economic growth, and budget and
management. All of these shall be established after the ratification of the Departmental
Constitution.
Article 58 – No budget shall be released two months before the end of S.Y. 2021-2022.
All of the remaining budget shall be recorded by the Treasurer and shall be submitted
within 14 days, before the duration of their term and school year.
Article 59 – All remaining funds and budget shall be surrendered to the Student Affairs
Coordinator and shall include the SALN, Monthly Report, and all monetary documents
submitted and noted by the GLO.
Article 60 – The platforms of government which include assets shall be examined by both
Commission on Audits and Grade 9 Legislative Branch before ratification. Final decision
shall be submitted by the Audit Commission signed by the Vice-Governor and Treasurer.
Article 64 – The Grade 9 Department at all times, shall be open for financial transactions
such as lending. Transactions shall be organized by the Commission of
Intergovernmental Affairs and no agreement shall be made and recognized without the
approval of the Assembly.
Article 66 – The loans from Grade 9 shall be paid by foreign departments with 5%
interest and shall be expected to be returned within 35 days. Failure of payment within
the designated dates shall increase the interest to 11% and shall continue to rise every 21
days.
Article 67 – The Grade 9 Department may or shall pass Taxation Laws to maintain the
economy of the Government stabilized.
Article 70 – Individuals who are proven guilty in any crimes shall therefore pay for all
compensation and shall be charged of Plunder, Graft, Estafa, Betrayal of Public Trust,
and shall be removed from office by impeachment or dismissal.
TITLE III
OTHER EXECUTIVE AND LEGISLATIVE ISSUANCES
Chapter 1 – Clemency
Executive
Article 71 – The Governor shall have the authority to grant Pardons, Amnesties, and
Clemency to such individual who is convicted or charged by the courts of justice.
Article 72 – The Governor may issue pardons to a certain individual whose charged for
any offenses except for impeachment. Clemency shall be granted to an individual whose
cases are pending in court. The Governor may impose clemency to reduce the offense of
the crimes committed therein.
Article 73 – Amnesty shall be granted by the Governor either before or after conviction
of the court. The power to extend executive clemency shall be in favor of persons
convicted of crimes is unlimited.
Article 74 – The Governor may revoke pardons, amnesty and clemency to an individual
by the power of a Proclamation declaring “Void ab Initio”. No amnesty shall be given to
the same person after revoking its clemency and pardons for at least 6 months otherwise
opposed by the Supreme Court or transition of power.
Article 75 – Thus ad hoc declarations of the Governor may be declared null by the
Supreme Court. No declaration shall be made that adhere to any individual removing the
protection of laws.
Article 78 – No Class President shall be granted powers of clemency to issue but the
governor only. Provisions may be declared null whenever the decision of the Supreme
Court there exist complications thereof and if may deemed necessary, they may release
warrants or resolution that shall block the powers of the president to grant such powers of
pardon.
Chapter 2 – Other Legislative Powers
Article 83 – The Assembly shall have the power to file the articles of impeachment to all
officers or members of Government especially the Governor. At all times, the Adviser
shall preside in all impeachment proceedings except when the Governor is in trial.
Provided in Article IX, Section 5 of the Departmental Constitution as amendment, The
Chief Justice and the Adviser shall preside whenever the Governor is in trial to an
impeachment case.
Chapter 3 – Advisers
Article 84 – Same manner as the Governor, the Adviser shall have Ceremonial and
Political Powers. The adviser shall be acting Vice-Pro-Tempore of the House and shall
preside whenever the Governor and Vice-Governor are absent. The Powers of the adviser
shall be the following:
Article 85 – The Adviser shall also have the power to manage all agencies established by
the Constitution. He shall also be ceremonial and limited political authority may be
granted by members of the Assembly for the Adviser to act.
TITLE IV
POLITICAL LINE OF SUCCESSION
Chapter 1 – Grade Level Officers
Article 87 – The Vice-Governor may assume the governorship when the incumbent
Governor is in case of impeachment, responsible for multiple violations, death,
permanent disability, betrayal of public trust, and any other concerns that make the office
vacant. The office of the Vice-Governor shall remain vacant otherwise call for an
election. The election of Vice-Governor shall be composed of both incumbent Secretary
and Chief Justice and the Assembly shall vote and whoever wins the majority shall
ascend to the office of the Vice-Governor. The Chief Justice shall be the secretary or be
re-elected in the same position and the new chief justice will be appointed by the new
Governor.
Article 88 – However when the Vice-Governor is removed, whether shall have the
following cases such as incapacitated, permanent disability, and other culpable violation
of the Constitution, the Governor shall nominate a new vice-governor and must be
confirmed by a majority of vote from all GLO.
Article 89 – The Vice-Pro-Tempore is the second in the line of succession. Whenever the
Vice-Governor is unable to serve, The Adviser (Vice-Pro-Tempore) shall assume office
for at least 15 days.
Article 92 – All vacant offices must be completed for at least 24 days. Until there is no
Vice-Governor, the new Governor shall have the executive and legislative powers and
shall preside in the Assembly until there will be a person who is nominated and qualified
for office.
Article 93 – The COMELEC and SSC shall not make intercessions in any anarchy in
office thereof. No intervention of any department shall be done and the Grade 9
Department shall not recognize the Arbitration of the COMELEC except in cases of
judgement or joint declarations.
Article 94 – Class Officers shall be out in TITLE IV otherwise they shall have their own
reshuffle of Government applicable to Treasurer until Escort to reset every 5 months
except for the Sergeant at Arms unless required by the Supreme Court.
TITLE V
SUPREME STUDENT COUNCIL
Chapter 1 – Arbitrations
Article 96 – The GLO shall recognize the SSC as the main ruling body of Government of
the whole Junior High School of Naga College Foundation.
Article 98 – No foreign aid from SSC or any Grade Level shall enter even financial aid in
the Government of Grade 9 without the ¾ of the votes from all officers. The Grade 9
Representative shall inform the Governor or Vice-Governor 3 weeks before the entry of
any foreign aid from Intergovernmental Agencies.
Article 100 – The GLO shall, without hearing and majority votes, recognize the Orders
and Declarations made by the Higher Government except from other Grade Level
Sectors. Judgements from the SSC shall enter freely in such governments that relates to
Decrees and Public Order. No declarations shall enter that adheres to finance, political
involvement, and all mentioned provisions except in Article 51 of this code as prescribed.
Article 102 – Diplomatic agreements between SSC, foreign GLO between Grade 9 shall
be vested in the Governor.
Article 103 – All heads of Government, Department, and Sections shall have their
independent diplomatic power vested in them by the Constitution and laws. Autonomy of
3 separate sectors shall be recognized by this Code and so the people of Grade 9 and JHS.
TITLE VI
FINAL PROVISIONS
Article 104 – This Code shall be part of the platforms of Government “Once a Leader,
always a Leader”.
Article 105 – This Code shall be recognized and hereby be included in all the list of laws
in accordance with the Constitution.
Article 106 – This Code shall be the Secondary Constitution and shall comprise all
functions and additional duties of all officers and agencies established by the
government.
Article 107 – The Departmental Code of Grade 9 Department may be amended with the
same act of the Governor.
Article 108 – Upon ratification, it shall be read 3 times before the officers. Clarifications
and pre-amendments shall be made before implementation.
Article 109 – This Code shall be effective in accordance with the Departmental
Constitution, and Constitution and laws of the Republic of the Philippines.
Article 110 – Gubernatorial Order No. 003 Sections 4, and 5 pursuant to Article 8 of this
Code shall be repealed.
Article 111 – Memorandum No. 001 shall be declared void ab initio however all
remaining Orders and Proclamations shall remain in full force and effect.
Article 112 – Platforms of Government may be amended. All acts of the Governor
especially the Departmental Constitution shall be connected in the 8th Platform of GLO
candidates.
Article 113 – All of the Proclamations, Memorandum, and Gubernatorial Orders issued
before the election shall continue to be in full force and effect. All issuances shall be
reinstalled or re-approved after the implementation of this Code.
Article 114 – No agendas or sessions will be convened on Saturdays. All duties must be
discharged and no governmental affairs shall be exercised and shall observe and
recognize the solemnity and sacredness of the Sabbath.
Article 115 – This Code shall take effect on the day after the implementation of the
Constitution unless otherwise provided herein, after its complete publication in at least
one (1) newspaper of general circulation.
Article 116 – If, for any reason or reasons, any part or provision of this Code shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
Article 117 – Executive Order Nos. 48 (s. 1998), 444 (s. 2005), and all other provisions
of orders, rules and regulations, issuances, or any part thereof, inconsistent with the
provisions of this Order are hereby repealed, amended or modified accordingly. All other
sections in this Order may be repealed or revoked if considered unconstitutional. Any
provisions thereof in any sections revoked shall hereby be removed from this order and
be amended in accordance with law.
Done in the City of Naga, this 10th day of September, in the year of our Lord, Two
Thousand and Twenty-One.
Fully implemented on this ____ day of _________, in the year of our Lord, Two
Thousand and Twenty-One.
By the Governor