Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 10730

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING SECTION 17, CHAPTER V, TITLE I, BOOK Ill AND SECTION 27,
CHAPTER V, TITLE | (A), BOOK V OF EXECUTIVE ORDER NO. 292 OR THE
ADMINISTRATIVE CODE OF 1987

The Administrative Code does not expressly define the limitations in the powers and
authority that an OIC may exercise, except that the temporary appointment cannot
exceed beyond twelve (12) months. However, this is defined instead in Section 13 (c) of
the Civil Service Commission (CSC) Memorandum Circular No. 24, series of 201 7, or the
Omnibus Rules on Appointments and Other Human Resource Actions which provides:

Officials designated as Officer-in-Charge (OIC) enjoy limited powers which are confined
fo functions of administration and ensuring that the office continues its usual activities.
The OIC may not be deemed to possess the power to appoint employees as the same
involves the exercise of discretion which is beyond the power of an OIC, unless the
designation order issued by the proper appointing officer/authority expressly includes the
power to issue appointment.

This bill seeks to define and limit the powers and functions that a temporary appointee or
an OIC may exercise by amending Sections 17 and 27 of the Administrative Code.

In view of the foregoing, the passage of this bill is earnestly sought.

nN al
Luis Late RAY” F. VILLAFUERTE, JR.
V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO.10730

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
AMENDING SECTION 17, CHAPTER V, TITLE I, BOOK III AND SECTION 27,
CHAPTER V, TITLE | (A), BOOK V OF EXECUTIVE ORDER NO. 292 OR THE
ADMINISTRATIVE CODE OF 1987

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SEC.1 Section 17, Chapter V, Title 1, Book Ill of Executive Order No. 292 or the
Administrative Code of 1987 is hereby amended to read as follows:

Section 17. Power to Issue Temporary Designation. —

(1) The President may temporarily designate an officer already in the
government service the
functions-of_an-office in-the-executive branch, appointment to which is
vested in him by law, when: (a) the officer regularly appointed to the office
is unable to perform his duties by reason of illness, absence or any other
cause; or (b) there exists a vacancy;

(2) The person designated shall foesive she compensation siashed tthe

hall recaive only such asdttonal compensation as, with his existing Sirens
shall not exceed the salary authorized by law for the position filled. The
compensation hereby authorized shall be paid out of the funds
appropriated for the office or agency concerned.

(3) In no case shall a temporary designation exceed one-(4)-year SIX (6)
MONTHS. IN CASE OF VACANCY, THE PRESIDENT IS MANDATED
TO FILL THE POSITION WITH A PEF



SEC. 2. Section 27, Chapter V, Title I, Subtitle A, Book V of Executive Order No. 292 or
the Administrative Code of 1987 is hereby amended to read as follows:

Section 27. Employment Status — Appointment in the career service shall
be permanent or temporary.

XXX

(2) Temporary appointment. — In the absence of appropriate eligibles and
it becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets all the requirements for
the position to which he is being appointed except the appropriate civil
service eligibility: Provided, That such temporary appointment shall not
exceed twelve SIX (6) months, but the appointee may be replaced sooner if
a qualified civil service eligible becomes available; PROVIDED FURTHER.
‘THE EXPIRATION OF THE SI

PERIOD FROM THE TIME OF VACANCY. A PERSON ISSUED WITH A
PERMANENT APPOINTMENT SHALL FILL THE SAID VACANCY;

SHALL NOT EXCEED SIX (6 MONTHS. THE QIC SHALL NOT BE
DEEMED TO POSSESS POWERS INVOLVING THE EXERCISE OF
DI 29ETION TO ENTER INTO ANY LONG-TERM AND/OR
HIGH-VALUE CONTRACTS OR AGREEMENTS. SUCH CONTRACTS
OR AGREEMENTS SHALL BE DEEMED VOID AB INITIO AND THE QIC

CAN BE HELD ADMINISTRATIVELY AND CRIMINALLY LIABLE.

SEC. 3. Separability Clause. — If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected thereby shall
remain in full force and effect.

SEC. 4. Repealing Clause. — All laws, decrees, orders, rules and regulations, and
issuances inconsistent with the provisions of this Act are repealed, amended, or modified
accordingly.

SEC. 5. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,