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Administrative Rules and Regulations

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Administrative Rules And

Regulations
Administrative law includes executive orders
by issued by the President , the regulations
issued by governmental regulatory agencies.
Actions of administrative bodies that have the
force of law.
These are based upon statutory authority given to
agencies that allow them to create more
detailed rules that define responsibilities and
permissible actions in their regulatory areas of
responsibility . Usually, these are the
Implementing Rules and Regulations, the

Administrative
Bodies
Administrative bodies adopt
rules and regulations to aid
in the enforcement of and
application of legislative
mandates. These are
usually in the form of
Implementing Rules and

Executive Order No. 292


BOOK IV
The Executive Branch CHAPTER 1
The Departments
SECTION 1.
Purpose and Number of Departments.The
Executive Branch shall have such Departments as
are necessary for the functional distribution of the
work of the President and for the performance of
their functions.
http://www.gov.ph/1987/07/25/executive-order-no-292-book-iv-the-executivebranchchapter-1-the-departments/

1987 Constitution

Statutes
Implementing Rules and
Regulations
Court
Decisions
Hierarchy of Laws In The
Philippines

Sources of Rules
The Executive Department is given
delegated legislative power by the
legislative branch. This power of
subordinate legislation is manifested
by the issuance of implementing
rules and regulations of the
executive department. The local
government units are also given
delegated legislative power and this is
manifested by the issuance of
ordinances -laws of local government
bodies.

Implementing Rules and


Regulations or
Administrative
Laws

These rules and Regulations


have the authority of law
Administrative law is usually
more specific than
statutory law because it deals
with the details of
implementing the law.

Example:
REPUBLIC ACT NO.10361]
AN ACT INSTITUTING POLICIES FOR THE
PROTECTION
AND WELFARE OF DOMESTIC WORKERS
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.Short Title. This Act shall be known as the
Domestic Workers Act or Batas Kasambahay.
Enacted by Congress

http://www.dole.gov.ph/files/IRR%20of%20domestic%20workers%20act.pdf
http://www.gov.ph/2013/01/18/republic-act-no-10361

The Department of Labor and Employment


(DOLE) shall develop a model employment
contract for domestic workers which shall, at all
times, be made available free of charge to
domestic workers, employers, representative
organizations and the general public. The DOLE
shall widely disseminate information to
domestic workers and employers on the use of
such model employment contract.

Implementing Rules and Regulations by DOLE

While the primary function of the


executive branch is to enforce law, it
does serve as a source of law in 4
ways.
1. Treaties
2. Executive orders
3. Implementing Rules and
Regulations
4.municipal ordinances passed by
local government units.

Requirement for Validity


Pursuant to the Administrative Code of 1987,
each rule shall become effective
1. 15 days from the date of filing with the UP
Law Center, unless a different date if fixed by
law, or specified in the rule in cases of imminent
danger to public healh, safety and welfare, the
existence of which must be expressed in a
statement accompanying the rule.
2. Department Secretaries, Heads of Bureaus,
Commissioners are directed to file three(3)
certified copies of every rule adopted by their
respective department with the UP Law Center

Rules and Regulations which need not be


filed with the UP Law Center
1. Interpretative regulations; those internal
in nature.
2. Instructions on case studies
3. Head of agency to his personnel
4. Rules affecting only a particular sector
5. Memoranda on internal administration

Repositories
UP Law Center
1. The National Administrative Register (NAR),
- published quarterly since 1990 by the UP Law Center.
2. Department of Justice Rules and Regulations
- published by the UP Law Center in 2003
3.Rules of Procedure of Administrative Agencies -published by the UP
Law Center from 2003 to 2006
Securities and Exchange Commission
1. Issue their rules and regulations on separate pamphlets and
bulletins which may ne obtained through subscription or purchase
from them.
Bangko Sentral ng Pilipinas
1. Bangko Sentral ng Pilipinas Annual Reports

Treaties
treaties are pacts between two or
more sovereign nations.
official text of treaties entered into by
the Philippines is published in the
Official Gazette
Treaties entered by the Philippines are
published in the United Nations Treaty
Series (UNTS)

Local Government Units (LGU)


enact ordinances and laws of local application by virtue of
delegated authority coming from the Philippine Congress.
These ordinances and local laws are also sources of laws.

http://www.gov.ph/1991/10/10/republic-act-no-7160/

SECTION 54. Approval of Ordinances.


(a)Every ordinance enacted by the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan shall be
presented to the provincial governor or city or municipal mayor, as
the case may be.
(b) If the local chief executive concerned approves the same, he shall
affix his signature on each and every page thereof; otherwise, he
shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The
sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents
and purposes.
(c) The veto shall be communicated by the local chief executive
concerned to the sanggunian within fifteen (15) days in the case of a
province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had

SECTION 57. Review of Barangay Ordinances by the


Sangguniang Panlungsod or Sangguniang Bayan.
(a) Within ten (10) days after its enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to
the sangguniang panlungsod or sangguniang bayan
concerned for review as to whether the ordinance is
consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as
the case may be, fails to take action on barangay ordinances
within thirty (30) days from receipt thereof, the same shall be
deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as
the case may be, finds the barangay ordinances inconsistent
with law or city or municipal ordinances, the sanggunian
concerned shall, within thirty (30) days from receipt thereof,
return the same with its comments and recommendations to
the sangguniang barangay concerned for adjustment,

SECTION 59. Effectivity of Ordinances or


Resolutions.
(a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment
program, the same shall take effect after ten (10) days from the date
a copy thereof is posted in a bulletin board at the entrance of the
provincial capitol or city, municipal, or barangay hall, as the case may
be, and in at least two (2) other conspicuous places in the local
government unit concerned.
(b) The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the
entrance of the provincial capitol and the city, municipal, or barangay
hall in at least two (2) conspicuous places in the local government
unit concerned not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language or dialect understood
by the majority of the people in the local government unit concerned,

EXECUTIVE BRANCH
OFFICE OF THE PRESIDENT
Malacaan Palace Compound
J. P. Laurel St., San Miguel,
Manila
735-6201; 564-1451 to
80Trunkline

President of the Philippines


His Excellency Benigno S. Aquino
III
Tel.:736-1010 F; 735-8005
Website:www.president.gov.ph

Department of Agrarian Reform


Elliptical Rd., Diliman, Quezon
City
928-7033 to 37 Trunkline
Website:www.dar.gov.ph
Secretary
Virgilio R. De Los Reyes
Tel.: 929-3460; 928-7031 loc. 401
Fax: 920-0380
Email:secretary@dar.gov.ph

Department of Agriculture
Elliptical Road, Diliman, Quezon City
1100
928-8762 to 65 Trunkline
Website:www.da.gov.ph
Facebook:www.facebook.com/AgriPinoy

Secretary
Proceso J. Alcala
Tel.: (02) 920-4369; (632) 920-3986; loc.
2210, 2209
Fax: (02) 929-8183
Email:procyalcala@gmail.com;spja_ose
c@yahoo.com;spja_osec@da.gov.ph

Department of Budget and


Management
General Solano St., San Miguel,
Manila
490-1000 Trunk Line
Website:www.dbm.gov.ph

Secretary
Florencio B. Abad
Tel.: loc. 2305; 733-2993
Email:fabad@dbm.gov.ph

Department of Education
DepEd Complex, Meralco Avenue,
Pasig City
633-7208; 633-7228Trunkline
Website:www.deped.gov.ph

Secretary
Bro. Armin A. Luistro FSC
Tel.: 687-2922; 687-4177
Fax: 636-4876
Email:armin.luistro@deped.gov.ph

Department of Education
DepEd Complex, Meralco Avenue,
Pasig City
633-7208; 633-7228Trunkline
Website:www.deped.gov.ph

Secretary
Bro. Armin A. Luistro FSC
Tel.: 687-2922; 687-4177
Fax: 636-4876
Email:armin.luistro@deped.gov.p
h

epartment of Environment and


Natural Resources
DENR Bldg., Visayas Avenue, Diliman,
Quezon City
929-6626; 988-3367 Trunkline
Website:www.denr.gov.ph

Secretary
Ramon J. P. Paje

Department of Foreign Affairs


Department of Foreign Affairs
DFA Bldg., 2330 Roxas Boulevard,
Pasay City
834-4000 Trunkline
Website:www.dfa.gov.ph

Secretary
Albert F. del Rosario

Department of Public Works and


Highways
DEPARTMENT OF PUBLIC WORKS
AND HIGHWAYS
Bonifacio Drive, Port Area, Manila
304-3000 Trunkline
Website:www.dpwh.gov.ph

Secretary
Rogelio L. Singson

Department of Justice
Department of Justice
Department of Justice Building, Padre
Faura St., Ermita, Manila 1004
523-8481 to 98 Trunkline
Website:www.doj.gov.ph

Secretary of Justice
Leila M. De Lima

Department of Labor and


Employment
Department of Labor and
Employment
DOLE Bldg., Muralla cor. Gen. Luna
Sts., Intramuros, Manila
527-3000 Trunkline
Website:www.dole.gov.ph

Secretary
Rosalinda Dimapilis Baldoz

Department of Social Welfare and


Development
DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
Batasang Pambansa Complex,
Constitution Hills, Quezon City
931-8101 to 07 Trunkline
Website:http://www.dswd.gov.ph

Secretary
Corazon Dinky Juliano-Soliman

Department of Tourism
DEPARTMENT OF TOURISM
DOT Bldg., T.M. Kalaw St.,
Agrifina Circle, Rizal Park, Manila
1000
523-8411 Trunkline
Website:itsmorefuninthephilippi
nes.com;tourism.gov.ph

Secretary
Ramon Jimenez Jr.

Department of Transportation
and Communications
DEPARTMENT OF
TRANSPORTATION AND
COMMUNICATIONS
The Columbia Tower, Ortigas
Avenue, Mandaluyong City
Trunkline: 727-7960
Website:www.dotc.gov.ph

Secretary
Joseph Emilio A. Abaya

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