EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
SENATE
S. No. 2434
•21 nCTJl P3 -08
Introduced by Senator Francis "Tol" N. Tolentino
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
EXPLANATORY NOTE
The Blue Ribbon Committee Hearings on the 2020 Commission on Audit (COA) 
Report on the Department of Health (DOH) and other issues related to the utilization 
of the national budget related.to the fight against the Covid-19 pandemic revealed 
gaps in the law, not only in the procurement process, but also in the powers and 
authority that a person designated as an Officer-in-Charge (OIC) may exercise.
Executive Order 292 (EO 292) or the Administrative Code of 1987 provides that 
appointments in civil service positions may either be permanent or temporary. The 
President has the power to issue temporary designations or appointments under 
specific circumstances such as when "the officer regularly appointed to the office is 
unable to perform his duties by reason of illness, absence, or any other cause ... or 
there exists a vacancy".1
The Administrative Code, however, 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. 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:
1 Section 17, Chapter V, Title I, Book III of the Administrative Code of 1987


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
Since OICs are only designated to ensure that the day-to-day operations of the 
office will not be hampered, and they lack the authority to exercise discretionary 
powers, it is incumbent upon the appointing authority to immediately fill the position 
with permanent appointments and not to allow temporary appointees to hold the 
position for a long period of time to ensure efficiency in government operations.
Thus, this measure aims to expressly define and limit the powers and functions 
that a temporary appointee or an OIC may exercise, and to ensure that only persons 
holding permanent appointments to career positions can be designated as such since 
an OIC only holds the position until a permanent appointee is appointed.
TOL" N. TOLENTINO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
SENATE
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
AMENDING SECTION 17, CHAPTER V, TITLE I/ BOOK III AND SECTION 27, 
CHAPTER y, TITLE I (A), BOOK V OF EXECUTIVE ORDER NO. 292 OR THE
ADMINISTRATIVE CODE OF 1987
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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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-tho-exccutivc 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 attac-hed-te 
the-position, unless he is-already in the-government service in which
case-he-shatl 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.
(3) In no case shall a temporary designation exceed one (T)-year SIX
(6^ MONTHS. IN CASE OF VACANCY. THE PRESIDENT IS
MANDATED TO FILL THE POSITION WITH A PERMANENT
APPOINTMENT WITHIN THE SAID PERIOD.


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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.
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(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 fOIC^
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 QIC
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,