Administrative Code of 1987/Book IV/Chapter 2

by Corazon Aquino

Layout 2

Chapter 2—Secretaries, Undersecretaries, and Assistant Secretaries

Sec. 6. Authority and Responsibility of the Secretary.—The authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested in the Secretary, who shall have supervision and control of the Department.

Sec. 7. Powers and Functions of the 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 government;

(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; Provided, However, that 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 this Code;

(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the Department as are provided by law and in accordance with the applicable relationships as specified in Chapters 7, 8, and 9 of this Book;

(8) Delegate authority to officers and employees under the Secretary’s direction in accordance with this Code; and

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

Sec. 8. Submission of Performance Evaluation Reports.—The Secretary shall formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the President.

Sec. 9. Submission of Budget Estimates.—The Secretary shall prepare and submit to the President through the Department of Budget and Management an estimate of the necessary expenditures of the department during the next fiscal year, on the basis of the reports and estimates submitted by bureaus and officers under him.

Sec. 10. Powers and Duties of the Undersecretary.—The Undersecretary shall:

(1) Advise and assist the Secretary in the formulation and implementation of department objectives and policies;

(2) Oversee all the operational activities of the department for which he shall be responsible to the Secretary;

(3) Coordinate the programs and projects of the department and be responsible for its economical, efficient and effective administration;

(4) Serve as deputy to the Secretary in all matters relating to the operations of the department;

(5) Temporarily discharge the duties of the Secretary in the latter’s absence or inability to discharge his duties for any cause or in case of vacancy of the said office, unless otherwise provided by law. Where there are more than one Undersecretary, the Secretary shall allocate the foregoing powers and duties among them. The President shall likewise make the temporary designation of Acting Secretary from among them; and

(6) Perform such other functions and duties as may be provided by law.

Sec. 11. Duties and Functions of the Assistant Secretary.—The Assistant Secretary shall perform such duties and functions as may be provided by law or assigned to him by the Secretary.