Administrative Code of 1987/Book I/Chapter 10

by Corazon Aquino

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Chapter 10—Official Oaths

Sec. 40. Oaths of Office for Public Officers and Employees.—All public officers and employees of the government including every member of the armed forces shall, before entering upon the discharge of his duties, take an oath or affirmation to uphold and defend the Constitution; that he will bear true faith and allegiance to it; obey the laws, legal orders and decrees promulgated by the duly constituted authorities; will well and faithfully discharge to the best of his ability the duties of the office or position upon which he is about to enter; and that he voluntarily assumes the obligation imposed by his oath of office, without mental reservation or purpose of evasion. Copies of the oath shall be deposited with the Civil Service Commission and the National Archives.

Sec. 41. Officers Authorized to Administer Oath.—(1) The following officers have general authority to administer oath: Notaries public, members of the judiciary, clerks of courts, the Secretary of either House of the Congress of the Philippines, of departments, bureau directors, registers of deeds, provincial governors and lieutenant-governments, city mayors, municipal mayors and any other officer in the service of the government of the Philippines whose appointment is vested in the President.

(2) Oaths may also be administered by any officer whose duties, as defined by law or regulation, require presentation to him of any statement under oath.

Sec. 42. Duty to Administer Oath.—Officers authorized to administer oaths, with the exception of notaries public, municipal judges and clerks of court, are not obliged to administer oaths or execute certificates save in matters of official business; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specially authorized by law.