ADMINISTRATIVE CODE OF THE PHILIPPINES
Maundy Thursday Movable date
BOOK I
CHAPTER 5
OPERATION AND EFFECT OF LAWS
Section 18. When Laws Take Effect. - Laws shall take effect
after fifteen (15) days following the completion of their
publication in the Official Gazette or in a newspaper of
general circulation, unless it is otherwise provided.
Section 19. Prospectivity. - Laws shall have prospective effect
unless the contrary is expressly provided.
Section 20. Interpretation of Laws and Administrative
Issuances. - In the interpretation of a law or administrative
issuance promulgated in all the official languages, the English
text shall control, unless otherwise specifically provided. In
case of ambiguity, omission or mistake, the other texts may
be consulted.
Section 21. No Implied Revival of Repealed Law.- When a law
which expressly repeals a prior law itself repealed, the law
first repealed shall not be thereby revived unless expressly so
provided.
Section 22. Revival of Law Impliedly Repealed. - When a law
which impliedly repeals a prior law is itself repealed, the prior
law shall thereby be revived, unless the repealing law
provides otherwise.
Section 23. Ignorance of the Law. - Ignorance of the law
excuses no one from compliance therewith.
CHAPTER 6
OFFICIAL GAZETTE
Good Friday Movable date
Section 24. Contents. - There shall be published in the Official
Gazette all legislative acts and resolutions of a public nature;
Araw ng Kagitingan (Bataan and April 9
all executive and administrative issuances of general
Corregidor Day)
application; decisions or abstracts of decisions of the Supreme
Court and the Court of Appeals, or other courts of similar
Labor Day May 1
rank, as may be deemed by said courts of sufficient
importance to be so published; such documents or classes of
documents as may be required so to be published by law; and Independence Day June 12
such documents or classes of documents as the President
shall determine from time to time to have general application National Heroes Day Last Sunday of August
or which he may authorize so to be published.
The publication of any law, resolution or other official Bonifacio Day November 30
documents in the Official Gazette shall be prima facie
evidence of its authority. lawphi1.net Christmas Day December 25
Section 25. Editing and Publications. - The Official Gazette Rizal Day December 30
shall be edited in the Office of the President and published
weekly in Pilipino or in the English language. It shall be sold (B) Nationwide Special Days
and distributed by the National Printing Office which shall
promptly mail copies thereof to subscribers free of postage. All Saints Day November 1
CHAPTER 7 Last Day of the Year December 31
REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS
(2) The terms "legal or regular holiday" and "special
holiday", as used in laws, orders, rules and regulations
Section 26. Regular Holidays and Nationwide Special Days. - or other issuances shall be referred to as "regular
1. Unless otherwise modified by law, order or holiday" and "special day", respectively. lawphi1.net
proclamation, the following regular holidays
and special days shall be observed in this
Section 27. Local Special Days. - The President may proclaim
country:
any local special day for a particular date, group or place.
(A) Regular Holidays
Section 28. Pretermission of Holiday. - Where the day, or the
New Year's Day January 1 last day, for doing any act required or permitted by law falls
on a regular holiday or special day, the act may be done on
the next succeeding business day. lawphi1.net
 CHAPTER 8
LEGAL WEIGHTS MEASURES AND PERIOD
Section 29. Official Use of Metric System. - The metric system
of weights and measures shall be used in the Philippines for
all products, articles, goods, commodities, materials,
merchandise, utilities, services, as well as for commercial
transactions like contracts, agreements, deeds and other legal
instruments publicly and officially attested, and for all official
documents. Only weights and measures of the metric system
shall be officially sealed and licensed.
Section 30. Mandatory Nation-wide Use. - The metric system
shall be fully adopted in all agricultural, commercial,
industrial, scientific and other sectors. Persons or entities
allowed under existing laws to use the English system or other
standards and weights are given until the date to be fixed by
the Metric System Board to adopt the metric system.
Section 31. Legal Periods. - "Year" shall be understood to be
twelve calendar months; "month" of thirty days, unless it
refers to a specific calendar month in which case it shall be
computed according to the number of days the specific month
contains; "day," to a day of twenty-four hours; and "night,"
from sunset to sunrise.
BOOK VII
ADMINISTRATIVE PROCEDURE
CHAPTER 1
GENERAL PROVISIONS
Section 1. Scope. - This Book shall be applicable to all agencies
as defined in the next succeeding section, except the
Congress, the Judiciary, the Constitutional Commissions,
military establishments in all matters relating exclusively to
Armed Forces personnel, the Board of Pardons and Parole,
and state universities and colleges.
Section 2. Definitions. - As used in this Book:
(1) "Agency" includes any department, bureau, office,
commission, authority or officer of the National
Government authorized by law or executive order to
make rules, issue licenses, grant rights or privileges,
and adjudicate cases; research institutions with
respect to licensing functions; government
corporations with respect to functions regulating
private right, privileges, occupation or business; and
officials in the exercise of disciplinary power as
provided by law.
(2) "Rule" means any agency statement of general
applicability that implements or interprets a law, fixes
and describes the procedures in, or practice
requirements of, an agency, including its regulations.
The term includes memoranda or statements
concerning the internal administration or
management of an agency not affecting the rights of,
or procedure available to, the public.
(3) "Rate" means any charge to the public for a
service open to all and upon the same terms,
including individual or joint rates, tolls, classifications,
or schedules thereof, as well as commutation,
mileage, kilometerage and other special rates which
shall be imposed by law or regulation to be observed
and followed by any person.
(4) "Rule making" means an agency process for the
formulation, amendment, or repeal of a rule.
(5) "Contested case" means any proceeding, including
licensing, in which the legal rights, duties or privileges
asserted by specific parties as required by the
Constitution or by law are to be determined after
hearing.
(6) "Person" includes an individual, partnership,
corporation, association, public or private
organization of any character other than an agency.
(7) "Party" includes a person or agency named or
admitted as a party, or properly seeking and entitled
as of right to be admitted as a party, in any agency
proceeding; but nothing herein shall be construed to
prevent an agency from admitting any person or
agency as a party for limited purposes.
(8) "Decision" means the whole or any part of the
final disposition, not of an interlocutory character,
whether affirmative, negative, or injunctive in form,
of an agency in any matter, including licensing, rate
fixing and granting of rights and privileges.
(9) "Adjudication" means an agency process for the
formulation of a final order.
(10) "License" includes the whole or any part of any
agency permit, certificate, passport, clearance,
approval, registration, charter, membership, statutory
exemption or other form of permission, or regulation
of the exercise of a right or privilege.
(11) "Licensing" includes agency process involving the
grant, renewal, denial, revocation, suspension,
annulment, withdrawal, limitation, amendment,
modification or conditioning of a license.
(12) "Sanction" includes the whole or part of a
prohibition, limitation or other condition affecting the
liberty of any person; the withholding of relief; the
imposition of penalty or fine; the destruction, taking,
seizure or withholding of property; the assessment of
damages, reimbursement, restitution, compensation,
cost, charges or fees; the revocation or suspension of
license; or the taking of other compulsory or
restrictive action.
(13) "Relief" includes the whole or part of any grant of
money, assistance, license, authority, privilege,
exemption, exception, or remedy; recognition of any
claim, right, immunity, privilege, exemption or
exception; or taking of any action upon the
application or petition of any person.
(14) "Agency proceeding" means any agency process
with respect to rule-making, adjudication and
licensing.
 1. "Agency action" includes the whole or part of
every agency rule, order, license, sanction,
relief or its equivalent or denial thereof.
CHAPTER 2
RULES AND REGULATIONS
Section 3. Filing. -
(1) Every agency shall file with the University of the
Philippines Law Center three (3) certified copies of
every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within
three (3) months from that date shall not thereafter
be the basis of any sanction against any party or
persons.
(2) The records officer of the agency, or his equivalent
functionary, shall carry out the requirements of this
section under pain of disciplinary action.
(3) A permanent register of all rules shall be kept by
the issuing agency and shall be open to public
inspection.
Section 4. Effectivity. - In addition to other rule-making
requirements provided by law not inconsistent with this Book,
each rule shall become effective fifteen (15) days from the
date of filing as above provided unless a different date is fixed
by law, or specified in the rule in cases of imminent danger to
public health, safety and welfare, the existence of which must
be expressed in a statement accompanying the rule. The
agency shall take appropriate measures to make emergency
rules known to persons who may be affected by them.
Section 5. Publication and Recording. - The University of the
Philippines Law Center shall:
(1) Publish a quarter bulletin setting forth the text of
rules filed with it during the preceding quarter; and
(2) Keep an up-to-date codification of all rules thus
published and remaining in effect, together with a
complete index and appropriate tables.
Section 6. Omission of Some Rules. -
(1) The University of the Philippines Law Center may (3) In case of opposition, the rules on contested cases
omit from the bulletin or the codification any rule if shall be observed.
its publication would be unduly cumbersome,
expensive or otherwise inexpedient, but copies of
that rule shall be made available on application to the
agency which adopted it, and the bulletin shall
contain a notice stating the general subject matter of
the omitted rule and new copies thereof may be
obtained.
(2) Every rule establishing an offense or defining an
act which, pursuant to law, is punishable as a crime or
subject to a penalty shall in all cases be published in
full text.
Section 7. Distribution of Bulletin and Codified Rules. - The
University of the Philippines Law Center shall furnish one (1)
free copy each of every issue of the bulletin and of the
codified rules or supplements to the Office of the President,
Congress, all appellate courts and the National Library. The
bulletin and the codified rules shall be made available free of
charge to such public officers or agencies as the Congress may
select, and to other persons at a price sufficient to cover
publication and mailing or distribution costs.
Section 8. Judicial Notice. - The court shall take judicial notice
of the certified copy of each rule duly filed or as published in
the bulletin or the codified rules.
Section 9. Public Participation. -
(1) If not otherwise required by law, an agency shall,
as far as practicable, publish or circulate notices of
proposed rules and afford interested parties the
opportunity to submit their views prior to the
adoption of any rule.
(2) In the fixing of rates, no rule or final order shall be
valid unless the proposed rates shall have been
published in a newspaper of general circulation at
least two (2) weeks before the first hearing thereon.
 LOCAL GOVERNMENT CODE
RA 7610
CHAPTER III
Local Legislation
Section 48. Local Legislative Power. - Local legislative power
shall be exercised by the sangguniang panlalawigan for the
province; the sangguniang panlungsod for the city; the
sangguniang bayan for the municipality; and the sangguniang
barangay for the barangay.
Section 49. Presiding Officer. -
(a) The vice-governor shall be the presiding officer of
the sangguniang panlalawigan; the city vice-mayor, of
the sangguniang panlungsod; the municipal vice-
mayor, of the sangguniang bayan; and the punong
barangay, of the sangguniang barangay. The presiding
officer shall vote only to break a tie.
(b) In the event of the inability of the regular
presiding officer to preside at a sanggunian session,
the members present and constituting a quorum shall
elect from among themselves a temporary presiding
officer. He shall certify within ten (10) days from the
passage of ordinances enacted and resolutions
adopted by the sanggunian in the session over which
he temporarily presided.
Section 50. Internal Rules of Procedure. -
(a) On the first regular session following the election
of its members and within ninety (90) days thereafter,
the sanggunian concerned shall adopt or update its
existing rules of procedure.
(b) The rules of procedure shall provided for the
following:
(1) The organization of the sanggunian and
the election of its officers as well as the
creation of standing committees which shall
include, but shall not be limited to, the
committees on appropriations, women and
family, human rights, youth and sports
development, environmental protection, and
cooperatives; the general jurisdiction of each
committee; and the election of the chairman
and members of each committee;
(2) The order and calendar of business for
each session;
(3) The legislative process;
(4) The parliamentary procedures which
include the conduct of members during
sessions;
(5) The discipline of members for disorderly
behavior and absences without justifiable
cause for four (4) consecutive sessions, for
which they may be censured, reprimanded, or
excluded from the session, suspended for not
more than sixty (60) days, or expelled:
Provided, That the penalty of suspension or
expulsion shall require the concurrence of at
least two-thirds (2/3) vote of all the
sanggunian members: Provided, further, That
a member convicted by final judgment to
imprisonment of at least one (1) year for any
crime involving moral turpitude shall be
automatically expelled from the sanggunian;
and
(6) Such other rules as the sanggunian may
adopt.lawphil™
Section 51. Full Disclosure of Financial and Business Interests
of Sanggunian Members. -
(a) Every sanggunian member shall, upon assumption
to office, make a full disclosure of his business and
financial interests, or professional relationship or any
relation by affinity or consanguinity within the fourth
civil degree, which he may have with any person, firm,
or entity affected by any ordinance or resolution
under consideration by the sanggunian of which he is
a member, which relationship may result in conflict of
interest. Such relationship shall include:
(1) Ownership of stock or capital, or
investment, in the entity or firm to which the
ordinance or resolution may apply; and
(2) Contracts or agreements with any person
or entity which the ordinance or resolution
under consideration may affect.
In the absence of a specific constitutional or
statutory provision applicable to this
situation, "conflict of interest" refers in
general to one where it may be reasonably
deduced that a member of a sanggunian may
not act in the public interest due to some
private, pecuniary, or other personal
considerations that may tend to affect his
judgment to the prejudice of the service or
the public.
(b) The disclosure required under this Act shall be
made in writing and submitted to the secretary of the
sanggunian or the secretary of the committee of
which he is a member. The disclosure shall, in all
cases, form part of the record of the proceedings and
shall be made in the following manner:
(1) Disclosure shall be made before the
member participates in the deliberations on
the ordinance or resolution under
consideration: Provided, That, if the member
did not participate during the deliberations,
the disclosure shall be made before voting on
the ordinance or resolution on second and
third readings; and
(2) Disclosure shall be made when a member
takes a position or makes a privilege speech
on a matter that may affect the business
interest, financial connection, or professional
relationship described herein.
Section 52. Sessions. -
(a) On the first day of the session immediately
following the election of its members, the sanggunian
shall, by resolution, fix the day, time, and place of its
regular sessions. The minimum numbers of regular
sessions shall be once a week for the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan, and twice a month for the
sangguniang barangay.
(b) When public interest so demands, special sessions
may be called by the local chief executive or by a
majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public
unless a closed-door session is ordered by an
affirmative vote of a majority of the members
present, there being a quorum, in the public interest
or for reasons of security, decency, or morality. No
two (2) sessions, regular or special, may be held in a
single day.
(d) In the case of special sessions of the sanggunian, a
written notice to the members shall be served
personally at the member's usual place of residence
at least twenty-four (24) hours before the special
session is held.
Unless otherwise concurred in by two-thirds (2/3)
vote of the sanggunian members present, there being
a quorum, no other matters may be considered at a
special session except those stated in the notice.
(e) Each sanggunian shall keep a journal and record of
its proceedings which may be published upon
resolution of the sanggunian concerned.
Section 53. Quorum. -
(a) A majority of all the members of the sanggunian
who have been elected and qualified shall constitute
a quorum to transact official business. Should a
question of quorum be raised during a session, the
presiding officer shall immediately proceed to call the
roll of the members and thereafter announce the
results.
(b) Where there is no quorum, the presiding officer
may declare a recess until such time as a quorum is
constituted, or a majority of the members present
may adjourn from day to day and may compel the
immediate attendance of any member absent without
justifiable cause by designating a member of the
sanggunian to be assisted by a member or members
of the police force assigned in the territorial
jurisdiction of the local government unit concerned,
to arrest the absent member and present him at the
session.
(c) If there is still no quorum despite the enforcement
of the immediately preceding subsection, no business
shall be transacted. The presiding officer, upon proper
motion duly approved by the members present, shall
then declare the session adjourned for lack of
quorum.
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. 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.
(b) 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.
(c) Ordinances enacted by the sangguniang barangay
shall, upon approval by the majority of all its
members, be signed by the punong barangay.
Section 55. Veto Power of the Local Chief Executive. -
(a) The local chief executive may veto any ordinance
of the sanggunian panlalawigan, sangguniang
panlungsod, or sanggunian bayan on the ground that
it is ultra vires or prejudicial to the public welfare,
stating his reasons therefor in writing.
(b) The local chief executive, except the punong
barangay, shall have the power to veto any particular
item or items of an appropriations ordinance, an
ordinance or resolution adopting a local development
plan and public investment program, or an ordinance
directing the payment of money or creating liability.
In such a case, the veto shall not affect the item or
items which are not objected to. The vetoed item or
items shall not take effect unless the sanggunian
overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to
those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or
resolution only once. The sanggunian may override
the veto of the local chief executive concerned by
two-thirds (2/3) vote of all its members, thereby
making the ordinance effective even without the
approval of the local chief executive concerned.
Section 56. Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang Panlalawigan.
(a) Within three (3) days after approval, the secretary
to the sanggunian panlungsod or sangguniang bayan
shall forward to the sangguniang panlalawigan for
review, copies of approved ordinances and the
 resolutions approving the local development plans
and public investment programs formulated by the
local development councils.
(b) Within thirty (30) days after the receipt of copies
of such ordinances and resolutions, the sangguniang
panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there
be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from
receipt of the documents, inform the sangguniang
panlalawigan in writing of his comments or
recommendations, which may be considered by the
sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such an
ordinance or resolution is beyond the power
conferred upon the sangguniang panlungsod or
sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part.
The sangguniang panlalawigan shall enter its action in
the minutes and shall advise the corresponding city or
municipal authorities of the action it has taken.
(d) If no action has been taken by the sangguniang
panlalawigan within thirty (30) days after submission
of such an ordinance or resolution, the same shall be
presumed consistent with law and therefore valid.
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 The text of the ordinance or resolution shall be
receipt thereof, the same shall be deemed approved. disseminated and posted in Filipino or English and in
(c) If the sangguniang panlungsod or sangguniang the language understood by the majority of the
bayan, as the case may be, finds the barangay people in the local government unit concerned, and
ordinances inconsistent with law or city or municipal the secretary to the sanggunian shall record such fact
ordinances, the sanggunian concerned shall, within in a book kept for the purpose, stating the dates of
thirty (30) days from receipt thereof, return the same approval and posting.
with its comments and recommendations to the (c) The gist of all ordinances with penal sanctions shall
sangguniang barangay concerned for adjustment, be published in a newspaper of general circulation
amendment, or modification; in which case, the within the province where the local legislative body
effectivity of the barangay ordinance is suspended concerned belongs. In the absence of any newspaper
until such time as the revision called for is effected. of general circulation within the province, posting of
such ordinances shall be made in all municipalities
Section 58. Enforcement of Disapproved Ordinances or and cities of the province where the sanggunian of
Resolutions. - Any attempt to enforce any ordinance or any origin is situated.
resolution approving the local development plan and public (d) In the case of highly urbanized and independent
investment program, after the disapproval thereof, shall be component cities, the main features of the ordinance
sufficient ground for the suspension or dismissal of the official or resolution duly enacted or adopted shall, in
or employee concerned. addition to being posted, be published once in a local
newspaper of general circulation within the city:
Provided, That in the absence thereof the ordinance
Section 59. Effectivity of Ordinances or Resolutions. -
or resolution shall be published in any newspaper of
(a) Unless otherwise stated in the ordinance or the general circulation.
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.