Presentation 1

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 Executive Orders.

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 Regulations.

http://www.gov.ph/1987/07/25/executive-order-no-292-book-iv-the-executive-branchchapter-1-the-departments/

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.

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.

http://www.dole.gov.ph/files/IRR%20of%20domestic%20workers%20act.pdf

http://www.gov.ph/2013/01/18/republic-act-no-10361/

Example:

REPUBLIC ACT NO. 10361]AN ACT INSTITUTING POLICIES FOR THE PROTECTIONAND WELFARE OF DOMESTIC WORKERSBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:ARTICLE IGENERAL PROVISIONSSECTION 1. Short Title. – This Act shall be known as the “Domestic Workers Act” or “Batas Kasambahay”.

Enacted by Congress

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. Treaties2. Executive orders3. Implementing Rules and Regulations4.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 signed it.

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, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected

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, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

EXECUTIVE BRANCH

OFFICE OF THE PRESIDENTMalacañan Palace CompoundJ. P. Laurel St., San Miguel, Manila735-6201; 564-1451 to 80 Trunkline

President of the PhilippinesHis Excellency Benigno S. Aquino IIITel.: 736-1010 F; 735-8005Website: www.president.gov.ph

Department of Agrarian ReformElliptical Rd., Diliman, Quezon City928-7033 to 37 TrunklineWebsite: www.dar.gov.ph

SecretaryVirgilio R. De Los ReyesTel.: 929-3460; 928-7031 loc. 401Fax: 920-0380Email: [email protected]

Department of AgricultureElliptical Road, Diliman, Quezon City 1100928-8762 to 65 TrunklineWebsite: www.da.gov.phFacebook: www.facebook.com/AgriPinoy SecretaryProceso J. AlcalaTel.: (02) 920-4369; (632) 920-3986; loc. 2210, 2209Fax: (02) 929-8183Email: [email protected]; [email protected]; [email protected] 

Department of Budget and ManagementGeneral Solano St., San Miguel, Manila490-1000 Trunk LineWebsite: www.dbm.gov.ph SecretaryFlorencio B. AbadTel.: loc. 2305; 733-2993Email: [email protected] 

Department of EducationDepEd Complex, Meralco Avenue, Pasig City633-7208; 633-7228 TrunklineWebsite: www.deped.gov.ph SecretaryBro. Armin A. Luistro FSCTel.: 687-2922; 687-4177Fax: 636-4876Email: [email protected] 

Department of EducationDepEd Complex, Meralco Avenue, Pasig City633-7208; 633-7228 TrunklineWebsite: www.deped.gov.ph SecretaryBro. Armin A. Luistro FSCTel.: 687-2922; 687-4177Fax: 636-4876Email: [email protected] 

epartment of Environment and Natural ResourcesDENR Bldg., Visayas Avenue, Diliman, Quezon City929-6626; 988-3367 TrunklineWebsite: www.denr.gov.ph SecretaryRamon J. P. Paje

Department of Foreign AffairsDepartment of Foreign AffairsDFA Bldg., 2330 Roxas Boulevard, Pasay City834-4000 TrunklineWebsite: www.dfa.gov.ph SecretaryAlbert F. del Rosario

Department of Public Works and HighwaysDEPARTMENT OF PUBLIC WORKS AND HIGHWAYSBonifacio Drive, Port Area, Manila304-3000 TrunklineWebsite: www.dpwh.gov.ph SecretaryRogelio L. Singson

Department of JusticeDepartment of JusticeDepartment of Justice Building, Padre Faura St., Ermita, Manila 1004523-8481 to 98 TrunklineWebsite: www.doj.gov.ph Secretary of JusticeLeila M. De Lima

Department of Labor and EmploymentDepartment of Labor and EmploymentDOLE Bldg., Muralla cor. Gen. Luna Sts., Intramuros, Manila527-3000 TrunklineWebsite: www.dole.gov.ph SecretaryRosalinda Dimapilis Baldoz

Department of Social Welfare and DevelopmentDEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENTBatasang Pambansa Complex, Constitution Hills, Quezon City931-8101 to 07 TrunklineWebsite: http://www.dswd.gov.ph SecretaryCorazon “Dinky” Juliano-Soliman

Department of TourismDEPARTMENT OF TOURISMDOT Bldg., T.M. Kalaw St., Agrifina Circle, Rizal Park, Manila 1000523-8411 TrunklineWebsite: itsmorefuninthephilippines.com; tourism.gov.ph SecretaryRamon Jimenez Jr.

Department of Transportation and CommunicationsDEPARTMENT OF TRANSPORTATION AND COMMUNICATIONSThe Columbia Tower, Ortigas Avenue, Mandaluyong CityTrunkline: 727-7960Website: www.dotc.gov.ph SecretaryJoseph Emilio A. Abaya