CHAPTER 11

I. Administrative Issuances

Book IV Chapter 11

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.

SECTION 51. Numbering System of Issuances.Every circular or order

issued pursuant to the preceding section shall properly be identified as such
and chronologically numbered. Each class of issuance shall begin with
number 1 for each calendar year.

SECTION 52. Official Logbook.Each department, bureau, office or agency

shall keep and preserve a logbook in which shall be recorded in
chronological order, all final official acts, decisions, transactions or
contracts, pertaining to the department, bureau, office or agency. Whenever
the performance of an official act is in issue, the date and the time record in
the logbook shall be controlling. The logbook shall be in the custody of the
chief Administrative Officer concerned and shall be open to the public for
inspection.

SECTION 53. Government-wide Application of the Classification of

Issuances.(1) The Records Management and Archives Office in the
General Services Administration shall provide such assistance as may be
necessary to effect general adherence to the foregoing classification of
issuances, including the conduct of studies for developing sub-
classifications and guidelines to meet peculiar needs; and

(2) All administrative issuances of a general or permanent character shall

be compiled, indexed and published pursuant to the provisions of this Code.
 Book IV
Chapter 6, Sec 36

SECTION 36. Authority to Prescribe Forms and Issue Regulations.

(1) The head of a bureau or office shall prescribe forms and issue circulars
or orders to secure the harmonious and efficient administration of his
bureau or office and to carry into full effect the laws relating to matters
within his jurisdiction. Penalties shall not be prescribed in any circular or
order for its violation, except as expressly allowed by law;
(2) Heads of bureaus or offices are authorized to issue orders regarding the
administration of their internal affairs for the guidance of or compliance by
their officers and employees;
(3) Regional directors are authorized to issue circulars of purely
informational or implementing nature and orders relating to the
administration of the internal affairs of regional offices and units within
their supervision; and
(4) Issuances under paragraphs (2) and (3) hereof shall not require, for
their effectivity, approval by the Secretary or other authority.

Civil Code
Art. 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)

II. Presidential Issuances

BOOK III
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
 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 aspects 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.

III. Lack of Applicable Law

Article 9. No judge or court shall decline to render judgment by reason of

the silence, obscurity or insufficiency of the laws. (6)