Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. AND 
HON. BRIAN RAYMUND S. YAMSUAN 
EXPLANATORY NOTE 
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 2017, 
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 to 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. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
BRIAN RAYMUND S. YAMSUAN 
May 9, 2023
8:00 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. AND 
HON. BRIAN RAYMUND S. YAMSUAN 
AN ACT 
AMENDING SECTION 17, CHAPTER V, TITLE I, BOOK III AND SECTION 27, 
CHAPTER V, TITLE I (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 I, Book III 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 or any other competent person to perform 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 receive the compensation attached to 
the position, unless he is already in the government service in which 
case he shall receive only such additional compensation as, with his 
existing salary, 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. 
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(3) In no case shall a temporary designation exceed one (1) year SIX (6) 
MONTHS. IN CASE OF VACANCY, THE PRESIDENT IS MANDATED 
TO FILL THE POSITION WITH A PERMANENT APPOINTMENT 
WITHIN THE SAID PERIOD. 
 
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. 
 
x x x 
 
(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. THAT ON OR BEFORE THE 
EXPIRATION OF THE SIX-MONTH PERIOD FROM THE TIME OF 
VACANCY. 
A 
PERSON 
ISSUED 
WITH 
A 
PERMANENT 
APPOINTMENT SHALL FILL THE SAID VACANCY; 
 
A PERSON DESIGNATED AS AN OFFICER-IN-CHARGE (OIC) 
SHALL EXERCISE LIMITED POWERS WHICH ARE CONFINED 
ONLY TO FUNCTIONS OF ADMINISTRATION AND ENSURING THAT 
THE 
OFFICE 
CONTINUES 
ITS 
USUAL 
ACTIVITIES. 
SUCH 
APPOINTMENT SHALL NOT EXCEED SIX (6 MONTHS. THE OIC 
SHALL NOT BE DEEMED TO POSSESS POWERS INVOLVING THE 
EXERCISE OF DISCRETION 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,