PAC 315 – Administrative Law

Powers and functions of Department 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. 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 the Administrative Code;

7. Exercise jurisdiction over all bureaus, offices, agencies and

corporations under the Department as provided by law and in
accordance with the applicable relationships as specified in
Chapters 7, 8, and 9 of Book IV of the Code (infra.);

8. Delegate authority to officers and employees under the

Secretary's direction in accordance with the Code; and

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

Authority of Department Secretary.

The Secretary of a Department shall have supervision and control over

the bureaus, offices, and agencies under him, subject to the following
guidelines:

1. Initiative and freedom of action on the part of subordinate units shall

be encouraged and promoted rather than curtailed, and reasonable
 opportunity to act shall be afforded these units before control is
exercised;

2. With respect to functions involving discretion, experienced judgment

or expertise vested by the law upon a subordinate agency, control
shall be exercised in accordance with said law; and

3. With respect to any regulatory function of an agency subject to

department control, the authority of the department shall be
governed by the provisions of the Code. The Secretary's authority as
provided above shall not apply to chartered institutions or
government-owned or - controlled corporations attached to the
department.

Delegation of authority.

The Secretary or the head of an agency shall have authority over and
responsibility for its operation. He shall delegate such authority to the bureau
and regional directors as may be necessary for them to implement plans and
programs adequately.

1. Delegated authority shall be to the extent necessary for economical,

efficient and effective implementation of national and local programs
in accordance with policies and standards developed by each
department or agency with the participation of the regional directors.

2. The delegation shall be in writing; shall indicate to which officer or

class of officers and employees the delegation is made; and shall I
vest sufficient authority to enable the delegate to discharge his
assigned responsibility.