EXECUTIVE ORDER NO. 02 for freedom of Information

MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 02

OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES THEREFOR

WHEREAS, pursuant to Article 28, Article II of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law;

WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public concern;

WHEREAS, the incorporation of this right in the Constitution is a recognition of the fundamental role of free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions, or decisions;

WHEREAS, the Executive Branch recognizes the urgent need to operationalize these Constitutional provisions;

WHEREAS, the President, under Section 17, Article VII of the Constitution, has control over all executive departments, bureaus and offices, and the duty to ensure that the laws be faithfully executed;

WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing Rules and Regulations, strengthens the fundamental human right of privacy, and of communication while ensuring the free flow of information to promote innovation and growth;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.

(b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty.

(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order.

SECTION 3. Access to information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

SECTION 4. Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence.

The Department of Justice and the Office of the Solicitor General are hereby directed to prepare an inventory of such exceptions and submit the same to the Office of the President within thirty (30) calendar days from the date of effectivity of this Order.

The Office of the President shall thereafter, immediately circularize the inventory of exceptions for the guidance of all government offices and instrumentalities covered by this Order and the general public.

Said inventory of exceptions shall periodically be updated to properly reflect any change in existing law and jurisprudence and the Department of Justice and the Office of the Solicitor General are directed to update the inventory of exceptions as the need to do so arises, for circularization as hereinabove stated.

SECTION 5. Availability of SALN. Subject to the provisions contained in Sections 3 and 4 of this Order, all public officials are reminded of their obligation to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth (SALN) in accordance with existing laws, rules and regulations, and the spirit and letter of this Order.

SECTION 6. Application and Interpretation. There shall be a legal presumption in favor of access to information, public records and official records. No request for information shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated inventory of exceptions circularized by the Office of the President provided in the preceding section.

The determination of the applicability of any of the exceptions to the request shall be the responsibility of the Head of the Office which is in custody or control of the information, public record or official record, or the responsible central or field officer duly designated by him in writing.

In making such determination, the Head of the Office or his designated officer shall exercise reasonable diligence to ensure that no exception shall be used or availed of to deny any request for information or access to public records, or official records if the denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or corruption.

SECTION 7. Protection of Privacy. While providing access to information, public records, and official records, responsible officials shall afford full protection to the right to privacy of the individual as follows:

(a) Each government office per Section 2 hereof shall ensure that personal information in its custody or under its control is disclosed or released only if it is material or relevant to the subject-matter of the request and its disclosure is permissible under this order or existing law, rules or regulations;

(b) Each government office must protect personal information in its custody or control by making reasonable security arrangements against leaks or premature disclosure of personal information which unduly exposes the individual whose personal information is requested, to vilification, harassment or any other wrongful acts.

(c) Any employee, official or director of a government office per Section 2 hereof who has access, authorized or unauthorized, to personal information in the custody of the office, must not disclose that information except when authorized under this order or pursuant to existing laws, rules or regulation.

SECTION 8. People’s Freedom to Information (FOI) Manual. For the effective implementation of this Order, every government office is directed to prepare within one hundred twenty (120) calendar days from the effectivity of this Order, its own People’s FOI Manual, which shall include among others the following provisions:

(a) The location and contact information of the head, regional, provincial, and field offices, and other established places where the public can obtain information or submit requests;

(b) The person or office responsible for receiving requests for information;

(c) The procedure for the filing and processing of the request as specified in the succeeding section 8 of this Order.

(d) The standard forms for the submission of requests and for the proper acknowledgment of requests;

(e) The process for the disposition of requests;

(f) The procedure for the administrative appeal of any denial for access to information; and

(g) The schedule of applicable fees.

SECTION 9. Procedure. The following procedure shall govern the filing and processing of request for access to information:

(a) Any person who requests access to information shall submit a written request to the government office concerned. The request shall state the name and contact information of the requesting party, provide valid proof of his identification or authorization, reasonably describe the information requested, and the reason for, or purpose of, the request for information: Provided, that no request shall be denied or refused acceptance unless the reason for the request is contrary to law, existing rules and regulations or it is one of the exceptions contained in the inventory or updated inventory of exception as hereinabove provided.

(b) The public official receiving the request shall provide reasonable assistance, free of charge, to enable, to enable all requesting parties and particularly those with special needs, to comply with the request requirements under this Section.

(c) The request shall be stamped by the government office, indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party. Each government office shall establish a system to trace the status of all requests for information received by it.

(d) The government office shall respond to a request fully compliant with requirements of sub-section (a) hereof as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. The response mentioned above refers to the decision of the agency or office concerned to grant or deny access to the information requested.

(e) The period to respond may be extended whenever the information requested requires extensive search of the government office’s records facilities, examination of voluminous records, the occurrence of fortuitous cases or other analogous cases. The government office shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.

(f) Once a decision is made to grant the request, the person making the request shall be notified of such decision and directed to pay any applicable fees.

SECTION 10. Fees. Government offices shall not charge any fee for accepting requests for access to information. They may, however, charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and copying of the information required, subject to existing rules and regulations. In no case shall the applicable fees be so onerous as to defeat the purpose of this Order.

SECTION 11. Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially similar request from the same requesting party whose request from the same requesting party whose request has already been previously granted or denied by the same government office.

SECTION 12. Notice of Denial. If the government office decides to deny the request, in whole or in part, it shall as soon as practicable, in any case within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein stipulated shall be deemed a denial of the request for access to information.

SECTION 13. Remedies in Cases of Denial of Request for Access to Information.

(a) Denial of any request for access to information may be appealed to the person or office next higher in the authority, following the procedure mentioned in Section 7

(f) of this Order: Provided, that the written appeal must be filed by the same person making the request within fifteen (15) working days from the notice of denial or from the lapse of the relevant period to respond to the request.

(b) The appeal be decided by the person or office next higher in authority within thirty (30) working days from the filing of said written appeal. Failure of such person or office to decide within the afore-stated period shall be deemed a denial of the appeal.

(c) Upon exhaustion of administrative appeal remedies, the requesting part may file the appropriate case in the proper courts in accordance with the Rules of Court.

SECTION 14. Keeping of Records. Subject to existing laws, rules, and regulations, government offices shall create and/or maintain accurate and reasonably complete records of important information in appropriate formats, and implement a records management system that facilitates easy identification, retrieval and communication of information to the public.

SECTION 15. Administrative Liability. Failure to comply with the provisions of this Order may be a ground for administrative and disciplinary sanctions against any erring public officer or employee as provided under existing laws or regulations.

SECTION 16. Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into consideration their mandates and the nature of information in their custody or control, within one hundred twenty (120) days from the effectivity of this Order.

SECTION 17. Separability Clause. If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect.

SECTION 18. Repealing Clause. All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed pending further review.

SECTION 19. Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation.

DONE, in the City of Manila, this 23rd day of July in the year of our Lord two thousand and sixteen.

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines

By the President:

(Sgd.) SALVADOR C. MEDIALDEA
Executive Secretary

Regulating the use of government motor vehicles, aircraft’s, and watercraft’s.

COMMISSION ON AUDIT CIRCULAR NO.  75-6
November 7, 1975

TO              :   All Auditors of this Commission; Heads of Departments Chiefs of Bureaus; Agencies and Offices; Managing Heads of Government-owned or Controlled Corporations; Provincial Governors; City Mayors; Municipal Mayors; Provincial; City and Municipal Treasurers; and all Drivers concerned.

SUBJECT  :   Regulating the use of government motor vehicles, aircrafts, and watercrafts.

In line with the Government’s effort to conserve fuel and to economize on expenditures relating to the use, operation and maintenance of government motor vehicles, aircrafts, and watercrafts of all kinds, the existing laws and regulations governing the same are hereunder restated for the guidance of all concerned:

  1. Officials entitled to exclusive use of government motor transportation –

Those entitled to the use of government motor transportation chargeable against the appropriations authorized in Presidential Decree No. 733 except, where otherwise provided therein or other special laws, are the following officials:

(1)     The President of the Philippines;

(2)     The Chief Justice of the Supreme Court;

(3)     The Presiding Justice of the Court of Appeals;

(4)     The Secretary and Undersecretaries of Foreign Affairs;

(5)     The Ambassadors, Ministers Plenipotentiary and Consuls-in-charge of Consulates in their respective stations abroad; and

(6)     The Chief of Staff, the Vice Chief of Staff and the Commanding Generals of the Major Services of the Armed Forces of the Philippines (Sec. 9, PD 733).

  1. Bureaus and offices entitled to use, operate and maintain government motor vehicles and launches –

“No bureau or office shall use, operate or maintain from the appropriations authorized in this Decree government service cars, jeeps, station wagons, vans, service trucks, pick-up trucks, launches, speedboats, motorcycles, etc., except the following:

(1)        Office of the President (Malacanang), for general service purposes;

(2)        The National Media Production Center, for delivery of different media of mass communications, such as press releases, handbills, pamphlets, posters, motion pictures, and photo-essay coverage of different projects of the government;

(3)        The Maritime Industry Authority, for carrying out its functions and activities under P.D. No. 474;

(4)        The Philippine National Volunteer Service Coordinating Office, to facilitate coordination activities of foreign and domestic volunteers and for general service purposes;

(5)        The Games and Amusements Board, for general service purposes and for carrying out its functions and activities under R.A. No. 309, as amended;

(6)        The National Stud Farm, for carrying out its functions in accordance with R.A. No. 4618;

(7)        The Budget Commission, for gathering from the various government offices and instrumentalities such data and information as are essentially material or pertinent to the Exercise of authority over budget operations and control and for the review and coordination of legislative proposals of entities of the National Government as well as proposed decrees executive orders, administrative orders, and bills referred to The Commission for comment and recommendation, including rendering legal opinions on laws and regulations with budgetary implications; for the performance of duties connected with the preparation of the National Budget; for assuring the integrity of financial reports received from the agencies and for the development of improvements in government-wide accounting and financial reporting system; for position classification and salary administration including salary survey; and for surveys and studies on organization and methods analyses;

(8)        The Southern Philippines Development Administration for carrying out its functions and activities under P.D. No.690.

(9)        The National Police Commission, to carry out its functions and activities under R.A. No. 4864, as amended by P.D. No. 448.

(10)      The Professional Regulation Commission, for carrying out its functions, including the holding of examinations for the practice of different professions regulated by the Government;

(11)      The National Economic and Development Authority, for use in the follow-up and execution of certain phases of the national program of economic and social development and the gathering of data and information for studies and research work Being undertaken for the formulation of economic policies including tariff structure and international commercial relations; for use in inspectingg projects being undertaken b The Government jointly with the Agency for International Development necessary for the efficient supervision and in gathering and transmitting data for coordination of the Activities of projects; for use in conducting surveys of statistical services of the Government with a view to reviewing appraising and allotting activities among the statistical agencies; and for use by the ranking officials of the National Economic and Development Authority in attending conferences and for gathering and compiling data for the preparation of the agenda of the council meetings and the distribution of notices of meetings of the different Authority members;

(12)      The Board of Investments, for carrying out its functions under R.A. No. 5186;

(13)      The Tariff Commission, for use in the inspection and investigation of local representative growers, manufacturers and producers and in carrying out its functions and activities under R.A. No. 1937, as amended by P.D. No. 34;

(14)      The National Electrification Administration, for carrying out its functions and activities under R.A. No. 2717;

(15)      The Wage Commission, for general service purposes;

(16)      The National Tax Research Center for carrying out its functions and activities under P.D. No. 74;

(17)      The Reparations Commission, for carrying out its functions and activities under R.A. No. 1789, as amended;

(18)      The National Census and Statistics Office, for carrying out its functions and activities pursuant to P.D. No. 418;

(19)      The Bicol River Basin Council, for the performance of its functions pursuant to Executive Order No. 412, series of 1973;

(20)      The Tondo Foreshore Development Authority, to carry out effectively the functions and activities pursuant to P.D. No. 570;

(21)      The Department of Public Information, for dissemination of information about the government and its activities;

(22)      The Bureau of National and Foreign Information, for general service purposes;

(23)      The Bureau of Broadcasts, for covering special events for delayed broadcasts, servicing of sponsored programs, contacting artists, fetching “sign on” personnel and conducting home those on “sign off”;

(24)      The Department of Foreign Affairs and diplomatic and consular establishments abroad, for carrying out protocol duties, including those connected with the arrival or visit of high dignitaries and officials or accredited representatives of foreign governments, and for general service purposes particularly in relation to the delivery of diplomatic pouches to and from points of embarkation or shipment;

(25)      The UNESCO National Commission of the Philippines, for general service purposes;

(26)      The Office of the Secretary of Finance, for transporting its personnel in connection with the examination and/or investigation of factories or establishments of grantees of, applicants for, tax- exempting privileges as new and necessary industries; or attending conferences in which the Department of Finance is represented, and for other official purposes;

(27)      The Bureau of Customs, for use as the Collector of Customs may recommend and the Commissioner of Customs may approve;

(28)      The Bureau of Internal Revenue, including its Regional Offices, for strict enforcement of the internal revenue laws and regulations and detection of violation thereof;

(29)      The Bureau of the Treasury, for general service purposes and supervision, inspection, control, and coordination of activities of all units including the Back Pay Office and the different Regional Offices, for conferences and hearings on fiscal, budgetary and economic matters; for gathering fiscal data and statistical information essential in the formulation of a realistic cash management system, for investigation prosecution and hearing of cases pertaining to treasury matters; for transportation of cash from the Central Bank of the Philippines and vice versa; for mobility of Treasury Guard Service to cope with any emergency; for information drive on the functions and activities of the Treasury; and for such other purposes as the Treasurer of the Philippines may deem necessary to increase the effectiveness of the Bureau;

(30)      The Office of the Secretary of Justice, for general service purposes;

(31)      The Insurance Commission, for examination of the financial condition and methods of doing business of insurance companies and for the inspection of buildings in the different blocks of Manila and its neighboring cities and municipalities and other risks in connection with the supervision of said office over the fixing of premium rates on non-life insurance, and for general service purposes;

(32)      The National Bureau of Investigation, for detection and investigation of crimes and criminals and other law violations;

(33)      The Commission on Immigration and Deportation, for the enforcement of immigration laws;

(34)      The Bureau of Prisons, for conducting prisoners to and from the Bureau of Prisons, inspection of prison institutions and stations, procuring food supplies and materials and delivering products of the Prison Industries in Muntinlupa and in the penal colonies;

(35)      The Citizens Legal Assistance Office, for carrying out its functions pursuant to Letter of Implementation No. 4, dated October 23, 1972;

(36)      The Office of the Secretary of Agriculture, for gathering agricultural statistics for researches and analyses in agriculture, for distribution of agricultural information materials for guidance of farmers in improving their farming methods and for conducting inspection trips to coordinate agricultural programs;

(37)      The Bureau of Plant Industry, for the control of abaca mosaic and other plant pests and diseases, and for supervision of agricultural experiment stations, and seed farms and other plant production activities;

(38)      The Bureau of Animal Industry, for the distribution of animal products and transportation of animals and feeds, including artificial insemination work;

(39)      The Bureau of Agricultural Economics, for undertaking nationwide and localized socio-economic researches and statistical surveys pertaining to agriculture and natural resources;

(40)      The Bureau of Soils, for carrying out soil survey and conservation work in the different regions of the country;

(41)      The Bureau of Agricultural Extension, for carrying out its extension work and diffusing among the people, particularly those in rural areas, useful and practical information on agriculture, soil conservation, livestock, fisheries, forest conservation, public lands and natural resources laws, home economics and rural life by means of field demonstrations, lectures, conferences, publications and other means of disseminating information;

(42)      The Office of the Secretary of Natural Resources, for general service purposes in connection with coordination and supervision of programs under the Department;

(43)      The Bureau of Fisheries, for the collection of marine specimens, inspection of experimental fish farms, distribution of seedlings, fisheries surveys and fish plantings, attendance at fisheries seminars, conferences and meetings, transportation of furniture, equipment and supplies, for provincial stations and fish farms, and enforcement of fishery laws, rules and regulations;

(44)      The Bureau of Mines, for conducting geological survey exploration, drilling, examination of mining prospects, mineral land investigation and survey, mineral education, procurement and distribution of supplies and equipment and for the transportation of mineral samples to and from the office for the geological, mineralogical and mineral land survey parties operating in the different parts of the Philippines;

(45)      The Bureau of Lands, for the survey and subdivision of public agricultural lands and land management for general administration and supervision, including the transportation and delivery of patents and important documents, attendance at official conferences, seminars and meetings, and for transportation of equipment, supplies and materials watershed management, scaling and lumber grading, and general administration, including transportation of cinchona barks equipment and supplies and materials;

(47)      The Forest Research Institute for carrying out an aggressive program of research on forest production and utilization pursuant to P.D. No. 607;

(48)      The Southern Cebu Reforestration Development Project  (R.A. 4715), for the proper and effective administration, development and management of timberland areas under its jurisdiction including researches and general administration;

(49)      The Surigao Mineral Reservation Board, for general service purposes;

(50)      The Department of Public Works, Transportation and Communications, for gathering from its bureaus, offices and agencies, including those of other government offices and instrumentalities of such data and information as are essentially material or pertinent to the formulation of long range public works programs and in evaluating and checking of accomplishments and expenditures against duly approved programs of work;

(51)      The Board of Transportation, Board of Communications and the Board of Power and Waterworks, for the regulation and development of public utility services and for general service purposes;

(52)      The National Irrigation Administration, for the construction of irrigation projects and for carrying out its functions as provided under P.D. No. 552;

(53)      The Bureau of Public Works, for undertaking the construction of public works projects, inspection and supervision thereof, and for the procurement of construction supplies and materials;

(54)      The Bureau of Transportation, for the enforcement of the provisions of the Land Transportation and Traffic Code, the Civil Aeronautics Act (R.A. No. 776) and for general service purposes;

(55)      The Bureau of Posts, for the operation of postal service;

(56)      The Bureau of Telecommunications, for the construction, repair, transfer and maintenance of telegraph, telephone, and radio stations and circuits and the delivery of telegrams and radiograms;

(57)      The Telecommunications Control Bureau, for the enforcement of telecommunication laws and regulations, including licensing, monitoring, inspection and investigation;

(58)      The Department of Public Highways, for carrying out its functions of construction and maintenance of roads and bridges and those activities connected therewith, inspection and supervision of highway and bridge construction and maintenance projects, and for the procurement of construction supplies and materials pursuant to P.D. No. 458;

(59)      The Office of the Secretary of Education and Culture,  for the inspection of public and private schools, public libraries, investigation of cases which require immediate attention, and performance of its supervisory functions;

(60)      The Child and Youth Research Center, for carrying out its functions and activities under R.A. No. 3458;

(61)      The Bureau of Elementary Education, for carrying out its functions and activities, and for general service purposes;

(62)      The Bureau of Secondary Education, for carrying out its functions and activities, and for general service purposes;

(63)      The Bureau of Higher Education, for carrying out its functions and activities, and for general service purposes;

(64)      The National Library, for carrying out its functions, including procurement and collection of books, papers, documents and periodicals;

(65)      The National Museum, for research, collection and exhibition of scientific specimens and other cultural projects;

(66)      The National Historical Institute, for carrying out the purposes of R.A. No. 4368;

(67)      The School for the Deaf and the Philippine National School for the Blind, for marketing, fetching pupils from their homes to schools and return, and for general service purposes;

(68)      The Department of Labor, for the enforcement of labor laws, field inspections, special investigations and economic surveys for the administration of labor laws;

(69)      The Bureau of Labor Standards, for the enforcement of labor laws;

(70)      The National Seamen Board, to maximize its effectiveness and mobility in promotional work relative to the recruitment and placement of Filipino seamen;

(71)      The National Manpower and Youth Council, for general service purposes;

(72)      The Office of the Secretary of National Defense, in supervising the national defense program and in the campaign for and maintenance of peace and order;

(73)      The Philippine Veterans Affairs Office, for general service purposes;

(74)      The Bureau of Coast and Geodetic Survey, for carrying out field reconnaissance, triangulations, precise leveling and magnetic and gravity measurements, ship servicing canvass procurement and delivery of supplies and delivery of receipt of official publications, documents and shipments;

(75)      The Office of Civil Defense, for general service purposes in connection with the establishment and administration of the national civil defense program;

(76)      The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA), for the maintenance, operation and inspection of its meteorological stations, including the Manila International Airport Forecasting Center and the Diliman Geophysical and Astronomical Stations, pursuant to P.D. No. 78;

(77)      The Armed Forces of the Philippines, during military operations and activities connected with the maintenance of peace and order;

(78)      The National Intelligence and Security Authority, in coordinating the national intelligence activities and in carrying out its functions in the interest of national security;

(79)      The Department of Health, for the use of the Tuberculosis Control Projects in BCC Vaccination and Mobile X-ray Examination Units, the Office of Health Education and Personnel Training in exhibiting health films and dissemination of health information in rural areas, the Malaria Eradication Service in connection with the spraying, inspection and instituting anti- malaria measures and other activities related to its eradication campaign, the Office of Administrative Services and Regional Health Offices, for the procurement of medicines, medical and office supplies and other materials, their storage and their distribution and shipment to the field to serve the rural areas, and other closely related administrative services, for sanitaria ambulance service and procuring food supplies and materials for lepers and other persons suffering from skin diseases;

(80)      The Bureau of Dental Health Services, for carrying out its functions and activities under R.A. No. 3814;

(81)      The Bureau of Health and Medical Services, for health, sanitation, prevention and control of epidemics, and government hospitals for ambulance service and procuring food supplies and materials for subsistence of patients and personnel thereto;

(82)      The Bureau of Quarantine, whenever used by quarantine officers exclusively for quarantine work;

(83)      The Bureau of Research Laboratories, in connection with its health research and laboratory activities, including the distribution of vaccine, sera and other biological preparations;

(84)      The Food and Drug Administration, for administering and supervising the implementation of R.A. No. 3720 and the rules and regulations issued pursuant to said act;

(85)      The Philippine Medical Care Commission, for general service purposes;

(86)      The Tondo General Hospital and Medical Center, for ambulance service and for procuring food supplies and materials for the subsistence of patients and personnel entitled thereto, including domiciliary service and for general service purposes;

(87)      The Dangerous Act Board, for coordination with all governmental and private agencies to solve the escalating drug addiction problems;

(88)      The UNICEF Programmes of the Philippines, for use in connection with the supervision and inspection of feeding agencies in the cities and rural areas;

(89)      The Office of the Secretary of Trade, for general service purposes in connection with coordination and supervision of programs under the department and for the promotion of retail trade;

(90)      The Bureau of Domestic Trade, for business promotion and regulation and inspection of commercial establishments;

(91)      The Sugar Quota Administration, for general service purposes and for the supervision and inspection of all sugar centrals in the Philippines, including mill site and subsidiary warehouses, for the investigation of conflicts arising between planters and millers, and for conducting crop surveys of the sugar cane plantations;

(92)      The Philippine Patent Office, for general service purposes;

(93)      The Bureau of Foreign Trade, for gathering exhibit items for display in international fairs and expositions and Philippine Houses abroad, and for the transportation of foreign officials on trade mission in the Philippines;

(94)      The Securities and Exchange Commission, for the enforcement of the Securities Act and related laws;

(95)      The National Cottage Industries Development Authority,  for general service purposes and for the implementation of the provisions of R.A. No. 3470 on the promotion and development of cottage industries;

(96)      The Bureau of Industrial Promotion, for the promotion and development of medium and small-scale industries and for general service purposes;

(97)      The Philippine Bureau of Products Standards, for carrying out its functions and activities provided in Republic Act No. 4109

(98)      The Cottage Industry Development Enterprise, for carrying out its functions and activities pursuant to Executive Order No. 13, Series of 1971;

(99)      The Department of Tourism, for carrying out its functions pursuant to P.D. No. 189;

(100)    The Department of General Services, for regulating and performing, for government entities, the functions pertaining to procurement and supply, building and real property management, disposal of surplus property, records management, and government printing services;

(101)    The Bureau of Supply Coordination, for carrying out its functions and activities relative to shipping and deliveries of supplies, materials and equipment, and in connection with the inspection, appraisal and disposal of unserviceable government property located in the different bureaus and offices of the government;

(102)    The Bureau of Building and Real Property Management, for the performance and coordination of programs related to the maintenance, repair and custody of national buildings and the administration of real properties of the National Government;

(103)    The Government Printing Office, for general service purposes, and the delivery and/or shipment of printed matters, books and/or forms to various offices;

(104)    The Department of Social Welfare, for carrying out its functions and activities and for general service purposes;

(105)    The Department of Agrarian Reform, and its bureaus and regional offices, for carrying out its functions and activities provided in R.A. No. 3844, as amended, and other laws entrusted to it for implementation;

(106)    The Office of the Secretary of Local Government and Community Development, for general service purposes; and the Bureau of Local Government, to carry out its functions and activities in extending the various technical assistance to local government units;

(107)    The Bureau of Community Development, to carry out its functions and activities for community development;

(108)    The Bureau of Cooperative Development, for the promotion, organization, development and evaluation of cooperatives throughout the country;

(109)    The National Science Development Board, for use in inspecting research projects undertaken by government offices, bureaus, and entities and private establishments, and to coordinate all scientific and technological researches;

(110)    The National Institute of Science and Technology for visit and inspection of factories, for the collection of forest plants, animal and marine by- products and agricultural wastes for use in research and laboratory investigations, including survey of sources of raw materials in different regions and other activities, and for general service purposes;

(111)    The Philippine Atomic Energy Commission, for use in the coordination and execution of nuclear research plans, attendance of staff members in conferences and consultations with different public officers and representatives of foreign governments, and the setting up of a training program in cooperation with the U.P.;

(112)    The Philippine Investors Commission, for general service purposes;

(113)    The Forest Products Research and Industries Development Commission, for the transportation of logs, timber, lumber and other forest products as materials for research as well as supplies, materials, machinery, equipment and personnel necessary for research and industries development;

(114)    The Commission on Volcanology, for inspecting and observing volcanoes, and warning people in danger areas;

(115)    The Metals Industry Research and Development Center, for carrying out the provisions of R.A. No. 4724;

(116)    The Science Foundation of the Philippines, for use as a mobile unit and for general service purposes;

(117)    The Philippine Science High School, for auditing and inspecting laboratories and scientific exhibits, for collecting specimen and other materials needed in laboratory, research, and for general service purposes;

(118)    The Philippine General Hospital, for ambulance and domiciliary services and procuring food supplies and materials for the subsistence of patients and personnel entitled thereto;

(119)    The Mountain State Agricultural College, for general service purposes;

(120)    The Commission on Audit, for general service purposes and for the supervision, inspection and control of auditing units, for the inspection of equipment and supplies and materials delivered to the various bureaus and offices of the Government, as well as to sites of public construction, and for regular and surprise examinations of collecting, disbursing and other accountable officers;

(121)    The Commission on Elections, for the enforcement of election laws and for carrying out its functions pursuant to the provisions of the Constitution and R.A. No. 6388;

(122)    The Civil Service Commission, including its Regional Offices, for the enforcement of Civil Service Laws and regulations and for general service purpose;

(123)    The Supreme Court, for general service purposes;

(124)    The Court of Appeals, for general service purposes;

(125)    The National Labor Relations Commission, for carrying out its functions and activities under P.D. No. 424;

(126)    The Court of Tax Appeals, for transportation of its personnel whenever the Court holds its sessions outside of the City of Manila, pursuant to Section 6 of R.A. No. 1125; and

(127)    The Juvenile and Domestic Relations Courts, for conducting to and from the Courts, dependent neglected or delinquent children committed to the care of persons or institutions and for inspection and supervision thereof

III.        Officials entitled to use of more than one motor vehicle-

“With the exception of the President, no government officials or employee authorized to use any vehicle operated and maintained from the funds appropriated in this Decree shall be allowed to use more than one such motor vehicle: PROVIDED, HOWEVER, That the Chief Justice of the Supreme Court may be allowed to use two motor vehicles.” (Section 14, P.D. No. 733).

  1. Those entitled to the use of Aircrafts, Vessels and Motor Vehicles of the Armed Forces of the Philippines –

“3.  The Secretary of National Defense may authorize the use of aircrafts, vessels and motor vehicles of the Armed Forces of the Philippines in connection with the peace and order campaign and other activities of the Department, any provision of law to the contrary notwithstanding.”

“32.  The use of Philippine Air Force aircraft and Philippine Navy watercraft shall be limited to military personnel and their immediate dependents, and the President of the Philippines, their aides and guests, civilian of any organization or agency to extend relief in cases of disasters and calamities, settlers with their farm implements going to the settlements, and prisoners and prison guards without subsistence from Manila to the provinces and vice versa.  Bona fide veterans, reserve components including ROTC cadets and WATC cadettes receiving training, and such other persons who may be authorized by the Secretary of National Defense are also authorized the use AFP watercraft/aircraft.  Authority extended to the latter persons shall be reflected in appropriate invitational orders which may also provide for the fees to be collected from such passengers pursuant to the provisions Section 572 of the Revised Administrative Code, as amended: PROVIDED, FURTHER, That the rate charged shall not be in excess of the rates charged by commercial lines.” (Special Provisions,Office of the Secretary of National Defense, P.D. 733).

Except in the cases enumerated above, the use of aircraft, watercraft, vessels, and motor vehicles of the AFP for any other purpose is unauthorized.

  1. Regulations in the Proper Use of Government Vehicles –

(1)    Use of trip tickets –

The use of government motor vehicles by the bureaus and offices enumerated under Sec. 12 of Presidential Decree No. 733 for the purpose herein indicated shall be authorized only through the issuance of each trip ticket, duly signed by the Chief or the Administrative Officer of the bureau, office or entity concerned in Form A, Driver’s Trip Ticket, sample attached (Section 13, ibid).  At the end of each month, the date shown on all the trip tickets (Form A) issued during the month should be transcribed or summarized in chronological order in a Monthly Report of Official Travels (Form B) sample attached, to be accomplished by the driver of each car concerned.  The Monthly Report of Official Travels should be accomplished in triplicate, the original thereof supported by all the Driver’s Trip Tickets, to be submitted, thru the administrative officer  (or equivalent officer) of the bureau, office or entity concerned, to the auditor thereof, the duplicate to be kept by the bureau, office or entity, and the triplicate to be retained by the driver (General Circular No. 26, dated July 28, 1953).

Except in emergency cases, under no circumstance should government motor vehicles be used without the corresponding trip ticket having been duly issued by the official designated for the purpose.  In case of use of said vehicles without such trip tickets, the official to whom the vehicle is assigned, his driver and other passengers shall be held personally liable for the unauthorized use thereof.

Agents of the Land Transportation Commission and members of the Highway Patrol Group have been requested to assist in the apprehension of any official/employee and driver found violating this regulation.

(2)   Marking “For Official Use Only” –

All motor vehicles owned by the National Government, its agencies and instrumentalities, and all local government units including government-owned or controlled corporations, except those used by the officials enumerated under No.  I hereof, should be plainly marked:

FOR OFFICIAL USE ONLY (3 inches)

under which should be written the corresponding name of the bureau, office, corporation, provincial, city, municipality, or other local government unit operating or using the name.

The mark should appear on each side of the motor vehicle.  When there is no sufficient space on each side, the same should appear at the back and on the front just below the windshield of the motor vehicle. (General Circular No. 59, dated November 20, 1958).

(3)    Use for Official Purpose –

Government motor vehicles should be used strictly and exclusively for official business.  In other words, the use thereof for private social functions such as receptions, balls, theatres, and for other personal purposes is absolutely prohibited.  The use of government transportation by the spouses, children, relatives, friends, etc. of the officials entitled thereto is included in the prohibition even if they are in the company of said officials.  Unless specifically authorized by the Office of the President, government motor vehicles shall not be used for fetching officials or employees from home to office or vice-versa. (General Circular No. 26, dated July 28, 1953; Memorandum Circular No. 332, dated June 12, 1957).

However, insofar as the use of government vehicles by local government officials is concerned, the same is governed by Executive Order No. 31, Series of 1954, particularly Section 4 thereof, which provides:

“4.  In view of the nature of their duties and responsibilities and their official and social standing in their communities, the chiefs of offices – provincial governors,  provincial treasurers, provincial auditors, division superintendents of schools, district health officers, district engineers, and others of equal rank shall be entitled to government transportation from residence to office and vice-versa and in connection with civic and semi- official activities beneficial to the public interest, such as the conduct of drives for voluntary contributions for charitable purposes, attendance at public functions, and others of similar nature.”

(4)    Use of Government Plates –

All government motor vehicles shall bear government plates only.  In case of bureaus, offices and agencies maintaining funds for intelligence purposes, the heads of such bureaus, offices or agencies are hereby requested to submit a list of security vehicles which may be added to the existing list of vehicles exempt from using government plates.  Only the President, however, can authorize additional exemptions.

(5)    Keeping in Government Garages –

All government motor vehicles are required, when not in use, to be kept in the garage provided thereof by the bureau or office or entity to which they belong except when in use for strictly official business outside office hours. (Section 13, P.D. 733).

  1. Prohibition Against Use of Government Vehicles by Officials provided with transportation allowance –

No official who has been furnished motor transportation allowance by any government corporation or any other office shall be allowed to use motor vehicle transportation operated and maintained from funds appropriated in the above cited Decree. (Section 14, P.D. 733).

VII.       Enforcement of the Laws and Provisions of this Circular –

For the strict enforcement of this Circular, the Commission on Audit has enlisted the assistance of the Land Transportation Commission and the Highway Patrol Group of the Philippine Constabulary to make apprehensions of any official/employee and driver of any government vehicle violating the provisions thereof.

The Auditors and Accounting Officers concerned as well as officials who have control over the aircrafts, watercrafts, naval vessels and government-owned motor vehicles, are hereby enjoined to enforce strictly the abovequoted provisions of law and the provisions of this Circular.

All Auditors are, accordingly, directed to disallow in audit expenses in connection with the operation and use of government vehicles unless the vehicles involved have been properly marked with the words, “FOR OFFICIAL USE ONLY” etc., in accordance with regulations, the RP plate installed and the prescribed driver’s trip ticket duly accomplished.  Likewise, expenses regarding any misuse of government vehicles, military aircrafts, watercrafts and vessels shall be disallowed in audit.  The official (and his driver) found responsible for the unauthorized use or misuse of said vehicles shall be held personally liable for the expenditures arising therefrom, and in addition, shall be held liable to administrative, criminal or civil prosecution as maybe warranted by the circumstances, including the withdrawal of the privilege to use government transportation.

The Auditors are hereby required to submit a report of compliance with the provisions of this Circular by their respective bureaus, offices or agencies, beginning November 30,1975, and every fifteen (15) days thereafter.

All existing circulars and memoranda inconsistent herewith are repealed/modified accordingly.

(SGD.) FRANCISCO S. TANTUICO, JR.

Acting Chairman

NOTE: Heads of Departments, Provincial Governors and Provincial Treasurers are requested to transmit the contents of this Circular to all concerned under their respective jurisdictions.

TO              :   All Auditors of this Commission; Heads of Departments Chiefs of Bureaus; Agencies and Offices; Managing Heads of Government-owned or Controlled Corporations; Provincial Governors; City Mayors; Municipal Mayors; Provincial; City and Municipal Treasurers; and all Drivers concerned.

SUBJECT  :   Regulating the use of government motor vehicles, aircrafts, and watercrafts.

In line with the Government’s effort to conserve fuel and to economize on expenditures relating to the use, operation and maintenance of government motor vehicles, aircrafts, and watercrafts of all kinds, the existing laws and regulations governing the same are hereunder restated for the guidance of all concerned:

  1. Officials entitled to exclusive use of government motor transportation –

Those entitled to the use of government motor transportation chargeable against the appropriations authorized in Presidential Decree No. 733 except, where otherwise provided therein or other special laws, are the following officials:

(1)     The President of the Philippines;

(2)     The Chief Justice of the Supreme Court;

(3)     The Presiding Justice of the Court of Appeals;

(4)     The Secretary and Undersecretaries of Foreign Affairs;

(5)     The Ambassadors, Ministers Plenipotentiary and Consuls-in-charge of Consulates in their respective stations abroad; and

(6)     The Chief of Staff, the Vice Chief of Staff and the Commanding Generals of the Major Services of the Armed Forces of the Philippines (Sec. 9, PD 733).

  1. Bureaus and offices entitled to use, operate and maintain government motor vehicles and launches –

“No bureau or office shall use, operate or maintain from the appropriations authorized in this Decree government service cars, jeeps, station wagons, vans, service trucks, pick-up trucks, launches, speedboats, motorcycles, etc., except the following:

(1)        Office of the President (Malacanang), for general service purposes;

(2)        The National Media Production Center, for delivery of different media of mass communications, such as press releases, handbills, pamphlets, posters, motion pictures, and photo-essay coverage of different projects of the government;

(3)        The Maritime Industry Authority, for carrying out its functions and activities under P.D. No. 474;

(4)        The Philippine National Volunteer Service Coordinating Office, to facilitate coordination activities of foreign and domestic volunteers and for general service purposes;

(5)        The Games and Amusements Board, for general service purposes and for carrying out its functions and activities under R.A. No. 309, as amended;

(6)        The National Stud Farm, for carrying out its functions in accordance with R.A. No. 4618;

(7)        The Budget Commission, for gathering from the various government offices and instrumentalities such data and information as are essentially material or pertinent to the Exercise of authority over budget operations and control and for the review and coordination of legislative proposals of entities of the National Government as well as proposed decrees executive orders, administrative orders, and bills referred to The Commission for comment and recommendation, including rendering legal opinions on laws and regulations with budgetary implications; for the performance of duties connected with the preparation of the National Budget; for assuring the integrity of financial reports received from the agencies and for the development of improvements in government-wide accounting and financial reporting system; for position classification and salary administration including salary survey; and for surveys and studies on organization and methods analyses;

(8)        The Southern Philippines Development Administration for carrying out its functions and activities under P.D. No.690.

(9)        The National Police Commission, to carry out its functions and activities under R.A. No. 4864, as amended by P.D. No. 448.

(10)      The Professional Regulation Commission, for carrying out its functions, including the holding of examinations for the practice of different professions regulated by the Government;

(11)      The National Economic and Development Authority, for use in the follow-up and execution of certain phases of the national program of economic and social development and the gathering of data and information for studies and research work Being undertaken for the formulation of economic policies including tariff structure and international commercial relations; for use in inspectingg projects being undertaken b The Government jointly with the Agency for International Development necessary for the efficient supervision and in gathering and transmitting data for coordination of the Activities of projects; for use in conducting surveys of statistical services of the Government with a view to reviewing appraising and allotting activities among the statistical agencies; and for use by the ranking officials of the National Economic and Development Authority in attending conferences and for gathering and compiling data for the preparation of the agenda of the council meetings and the distribution of notices of meetings of the different Authority members;

(12)      The Board of Investments, for carrying out its functions under R.A. No. 5186;

(13)      The Tariff Commission, for use in the inspection and investigation of local representative growers, manufacturers and producers and in carrying out its functions and activities under R.A. No. 1937, as amended by P.D. No. 34;

(14)      The National Electrification Administration, for carrying out its functions and activities under R.A. No. 2717;

(15)      The Wage Commission, for general service purposes;

(16)      The National Tax Research Center for carrying out its functions and activities under P.D. No. 74;

(17)      The Reparations Commission, for carrying out its functions and activities under R.A. No. 1789, as amended;

(18)      The National Census and Statistics Office, for carrying out its functions and activities pursuant to P.D. No. 418;

(19)      The Bicol River Basin Council, for the performance of its functions pursuant to Executive Order No. 412, series of 1973;

(20)      The Tondo Foreshore Development Authority, to carry out effectively the functions and activities pursuant to P.D. No. 570;

(21)      The Department of Public Information, for dissemination of information about the government and its activities;

(22)      The Bureau of National and Foreign Information, for general service purposes;

(23)      The Bureau of Broadcasts, for covering special events for delayed broadcasts, servicing of sponsored programs, contacting artists, fetching “sign on” personnel and conducting home those on “sign off”;

(24)      The Department of Foreign Affairs and diplomatic and consular establishments abroad, for carrying out protocol duties, including those connected with the arrival or visit of high dignitaries and officials or accredited representatives of foreign governments, and for general service purposes particularly in relation to the delivery of diplomatic pouches to and from points of embarkation or shipment;

(25)      The UNESCO National Commission of the Philippines, for general service purposes;

(26)      The Office of the Secretary of Finance, for transporting its personnel in connection with the examination and/or investigation of factories or establishments of grantees of, applicants for, tax- exempting privileges as new and necessary industries; or attending conferences in which the Department of Finance is represented, and for other official purposes;

(27)      The Bureau of Customs, for use as the Collector of Customs may recommend and the Commissioner of Customs may approve;

(28)      The Bureau of Internal Revenue, including its Regional Offices, for strict enforcement of the internal revenue laws and regulations and detection of violation thereof;

(29)      The Bureau of the Treasury, for general service purposes and supervision, inspection, control, and coordination of activities of all units including the Back Pay Office and the different Regional Offices, for conferences and hearings on fiscal, budgetary and economic matters; for gathering fiscal data and statistical information essential in the formulation of a realistic cash management system, for investigation prosecution and hearing of cases pertaining to treasury matters; for transportation of cash from the Central Bank of the Philippines and vice versa; for mobility of Treasury Guard Service to cope with any emergency; for information drive on the functions and activities of the Treasury; and for such other purposes as the Treasurer of the Philippines may deem necessary to increase the effectiveness of the Bureau;

(30)      The Office of the Secretary of Justice, for general service purposes;

(31)      The Insurance Commission, for examination of the financial condition and methods of doing business of insurance companies and for the inspection of buildings in the different blocks of Manila and its neighboring cities and municipalities and other risks in connection with the supervision of said office over the fixing of premium rates on non-life insurance, and for general service purposes;

(32)      The National Bureau of Investigation, for detection and investigation of crimes and criminals and other law violations;

(33)      The Commission on Immigration and Deportation, for the enforcement of immigration laws;

(34)      The Bureau of Prisons, for conducting prisoners to and from the Bureau of Prisons, inspection of prison institutions and stations, procuring food supplies and materials and delivering products of the Prison Industries in Muntinlupa and in the penal colonies;

(35)      The Citizens Legal Assistance Office, for carrying out its functions pursuant to Letter of Implementation No. 4, dated October 23, 1972;

(36)      The Office of the Secretary of Agriculture, for gathering agricultural statistics for researches and analyses in agriculture, for distribution of agricultural information materials for guidance of farmers in improving their farming methods and for conducting inspection trips to coordinate agricultural programs;

(37)      The Bureau of Plant Industry, for the control of abaca mosaic and other plant pests and diseases, and for supervision of agricultural experiment stations, and seed farms and other plant production activities;

(38)      The Bureau of Animal Industry, for the distribution of animal products and transportation of animals and feeds, including artificial insemination work;

(39)      The Bureau of Agricultural Economics, for undertaking nationwide and localized socio-economic researches and statistical surveys pertaining to agriculture and natural resources;

(40)      The Bureau of Soils, for carrying out soil survey and conservation work in the different regions of the country;

(41)      The Bureau of Agricultural Extension, for carrying out its extension work and diffusing among the people, particularly those in rural areas, useful and practical information on agriculture, soil conservation, livestock, fisheries, forest conservation, public lands and natural resources laws, home economics and rural life by means of field demonstrations, lectures, conferences, publications and other means of disseminating information;

(42)      The Office of the Secretary of Natural Resources, for general service purposes in connection with coordination and supervision of programs under the Department;

(43)      The Bureau of Fisheries, for the collection of marine specimens, inspection of experimental fish farms, distribution of seedlings, fisheries surveys and fish plantings, attendance at fisheries seminars, conferences and meetings, transportation of furniture, equipment and supplies, for provincial stations and fish farms, and enforcement of fishery laws, rules and regulations;

(44)      The Bureau of Mines, for conducting geological survey exploration, drilling, examination of mining prospects, mineral land investigation and survey, mineral education, procurement and distribution of supplies and equipment and for the transportation of mineral samples to and from the office for the geological, mineralogical and mineral land survey parties operating in the different parts of the Philippines;

(45)      The Bureau of Lands, for the survey and subdivision of public agricultural lands and land management for general administration and supervision, including the transportation and delivery of patents and important documents, attendance at official conferences, seminars and meetings, and for transportation of equipment, supplies and materials watershed management, scaling and lumber grading, and general administration, including transportation of cinchona barks equipment and supplies and materials;

(47)      The Forest Research Institute for carrying out an aggressive program of research on forest production and utilization pursuant to P.D. No. 607;

(48)      The Southern Cebu Reforestration Development Project  (R.A. 4715), for the proper and effective administration, development and management of timberland areas under its jurisdiction including researches and general administration;

(49)      The Surigao Mineral Reservation Board, for general service purposes;

(50)      The Department of Public Works, Transportation and Communications, for gathering from its bureaus, offices and agencies, including those of other government offices and instrumentalities of such data and information as are essentially material or pertinent to the formulation of long range public works programs and in evaluating and checking of accomplishments and expenditures against duly approved programs of work;

(51)      The Board of Transportation, Board of Communications and the Board of Power and Waterworks, for the regulation and development of public utility services and for general service purposes;

(52)      The National Irrigation Administration, for the construction of irrigation projects and for carrying out its functions as provided under P.D. No. 552;

(53)      The Bureau of Public Works, for undertaking the construction of public works projects, inspection and supervision thereof, and for the procurement of construction supplies and materials;

(54)      The Bureau of Transportation, for the enforcement of the provisions of the Land Transportation and Traffic Code, the Civil Aeronautics Act (R.A. No. 776) and for general service purposes;

(55)      The Bureau of Posts, for the operation of postal service;

(56)      The Bureau of Telecommunications, for the construction, repair, transfer and maintenance of telegraph, telephone, and radio stations and circuits and the delivery of telegrams and radiograms;

(57)      The Telecommunications Control Bureau, for the enforcement of telecommunication laws and regulations, including licensing, monitoring, inspection and investigation;

(58)      The Department of Public Highways, for carrying out its functions of construction and maintenance of roads and bridges and those activities connected therewith, inspection and supervision of highway and bridge construction and maintenance projects, and for the procurement of construction supplies and materials pursuant to P.D. No. 458;

(59)      The Office of the Secretary of Education and Culture,  for the inspection of public and private schools, public libraries, investigation of cases which require immediate attention, and performance of its supervisory functions;

(60)      The Child and Youth Research Center, for carrying out its functions and activities under R.A. No. 3458;

(61)      The Bureau of Elementary Education, for carrying out its functions and activities, and for general service purposes;

(62)      The Bureau of Secondary Education, for carrying out its functions and activities, and for general service purposes;

(63)      The Bureau of Higher Education, for carrying out its functions and activities, and for general service purposes;

(64)      The National Library, for carrying out its functions, including procurement and collection of books, papers, documents and periodicals;

(65)      The National Museum, for research, collection and exhibition of scientific specimens and other cultural projects;

(66)      The National Historical Institute, for carrying out the purposes of R.A. No. 4368;

(67)      The School for the Deaf and the Philippine National School for the Blind, for marketing, fetching pupils from their homes to schools and return, and for general service purposes;

(68)      The Department of Labor, for the enforcement of labor laws, field inspections, special investigations and economic surveys for the administration of labor laws;

(69)      The Bureau of Labor Standards, for the enforcement of labor laws;

(70)      The National Seamen Board, to maximize its effectiveness and mobility in promotional work relative to the recruitment and placement of Filipino seamen;

(71)      The National Manpower and Youth Council, for general service purposes;

(72)      The Office of the Secretary of National Defense, in supervising the national defense program and in the campaign for and maintenance of peace and order;

(73)      The Philippine Veterans Affairs Office, for general service purposes;

(74)      The Bureau of Coast and Geodetic Survey, for carrying out field reconnaissance, triangulations, precise leveling and magnetic and gravity measurements, ship servicing canvass procurement and delivery of supplies and delivery of receipt of official publications, documents and shipments;

(75)      The Office of Civil Defense, for general service purposes in connection with the establishment and administration of the national civil defense program;

(76)      The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA), for the maintenance, operation and inspection of its meteorological stations, including the Manila International Airport Forecasting Center and the Diliman Geophysical and Astronomical Stations, pursuant to P.D. No. 78;

(77)      The Armed Forces of the Philippines, during military operations and activities connected with the maintenance of peace and order;

(78)      The National Intelligence and Security Authority, in coordinating the national intelligence activities and in carrying out its functions in the interest of national security;

(79)      The Department of Health, for the use of the Tuberculosis Control Projects in BCC Vaccination and Mobile X-ray Examination Units, the Office of Health Education and Personnel Training in exhibiting health films and dissemination of health information in rural areas, the Malaria Eradication Service in connection with the spraying, inspection and instituting anti- malaria measures and other activities related to its eradication campaign, the Office of Administrative Services and Regional Health Offices, for the procurement of medicines, medical and office supplies and other materials, their storage and their distribution and shipment to the field to serve the rural areas, and other closely related administrative services, for sanitaria ambulance service and procuring food supplies and materials for lepers and other persons suffering from skin diseases;

(80)      The Bureau of Dental Health Services, for carrying out its functions and activities under R.A. No. 3814;

(81)      The Bureau of Health and Medical Services, for health, sanitation, prevention and control of epidemics, and government hospitals for ambulance service and procuring food supplies and materials for subsistence of patients and personnel thereto;

(82)      The Bureau of Quarantine, whenever used by quarantine officers exclusively for quarantine work;

(83)      The Bureau of Research Laboratories, in connection with its health research and laboratory activities, including the distribution of vaccine, sera and other biological preparations;

(84)      The Food and Drug Administration, for administering and supervising the implementation of R.A. No. 3720 and the rules and regulations issued pursuant to said act;

(85)      The Philippine Medical Care Commission, for general service purposes;

(86)      The Tondo General Hospital and Medical Center, for ambulance service and for procuring food supplies and materials for the subsistence of patients and personnel entitled thereto, including domiciliary service and for general service purposes;

(87)      The Dangerous Act Board, for coordination with all governmental and private agencies to solve the escalating drug addiction problems;

(88)      The UNICEF Programmes of the Philippines, for use in connection with the supervision and inspection of feeding agencies in the cities and rural areas;

(89)      The Office of the Secretary of Trade, for general service purposes in connection with coordination and supervision of programs under the department and for the promotion of retail trade;

(90)      The Bureau of Domestic Trade, for business promotion and regulation and inspection of commercial establishments;

(91)      The Sugar Quota Administration, for general service purposes and for the supervision and inspection of all sugar centrals in the Philippines, including mill site and subsidiary warehouses, for the investigation of conflicts arising between planters and millers, and for conducting crop surveys of the sugar cane plantations;

(92)      The Philippine Patent Office, for general service purposes;

(93)      The Bureau of Foreign Trade, for gathering exhibit items for display in international fairs and expositions and Philippine Houses abroad, and for the transportation of foreign officials on trade mission in the Philippines;

(94)      The Securities and Exchange Commission, for the enforcement of the Securities Act and related laws;

(95)      The National Cottage Industries Development Authority,  for general service purposes and for the implementation of the provisions of R.A. No. 3470 on the promotion and development of cottage industries;

(96)      The Bureau of Industrial Promotion, for the promotion and development of medium and small-scale industries and for general service purposes;

(97)      The Philippine Bureau of Products Standards, for carrying out its functions and activities provided in Republic Act No. 4109

(98)      The Cottage Industry Development Enterprise, for carrying out its functions and activities pursuant to Executive Order No. 13, Series of 1971;

(99)      The Department of Tourism, for carrying out its functions pursuant to P.D. No. 189;

(100)    The Department of General Services, for regulating and performing, for government entities, the functions pertaining to procurement and supply, building and real property management, disposal of surplus property, records management, and government printing services;

(101)    The Bureau of Supply Coordination, for carrying out its functions and activities relative to shipping and deliveries of supplies, materials and equipment, and in connection with the inspection, appraisal and disposal of unserviceable government property located in the different bureaus and offices of the government;

(102)    The Bureau of Building and Real Property Management, for the performance and coordination of programs related to the maintenance, repair and custody of national buildings and the administration of real properties of the National Government;

(103)    The Government Printing Office, for general service purposes, and the delivery and/or shipment of printed matters, books and/or forms to various offices;

(104)    The Department of Social Welfare, for carrying out its functions and activities and for general service purposes;

(105)    The Department of Agrarian Reform, and its bureaus and regional offices, for carrying out its functions and activities provided in R.A. No. 3844, as amended, and other laws entrusted to it for implementation;

(106)    The Office of the Secretary of Local Government and Community Development, for general service purposes; and the Bureau of Local Government, to carry out its functions and activities in extending the various technical assistance to local government units;

(107)    The Bureau of Community Development, to carry out its functions and activities for community development;

(108)    The Bureau of Cooperative Development, for the promotion, organization, development and evaluation of cooperatives throughout the country;

(109)    The National Science Development Board, for use in inspecting research projects undertaken by government offices, bureaus, and entities and private establishments, and to coordinate all scientific and technological researches;

(110)    The National Institute of Science and Technology for visit and inspection of factories, for the collection of forest plants, animal and marine by- products and agricultural wastes for use in research and laboratory investigations, including survey of sources of raw materials in different regions and other activities, and for general service purposes;

(111)    The Philippine Atomic Energy Commission, for use in the coordination and execution of nuclear research plans, attendance of staff members in conferences and consultations with different public officers and representatives of foreign governments, and the setting up of a training program in cooperation with the U.P.;

(112)    The Philippine Investors Commission, for general service purposes;

(113)    The Forest Products Research and Industries Development Commission, for the transportation of logs, timber, lumber and other forest products as materials for research as well as supplies, materials, machinery, equipment and personnel necessary for research and industries development;

(114)    The Commission on Volcanology, for inspecting and observing volcanoes, and warning people in danger areas;

(115)    The Metals Industry Research and Development Center, for carrying out the provisions of R.A. No. 4724;

(116)    The Science Foundation of the Philippines, for use as a mobile unit and for general service purposes;

(117)    The Philippine Science High School, for auditing and inspecting laboratories and scientific exhibits, for collecting specimen and other materials needed in laboratory, research, and for general service purposes;

(118)    The Philippine General Hospital, for ambulance and domiciliary services and procuring food supplies and materials for the subsistence of patients and personnel entitled thereto;

(119)    The Mountain State Agricultural College, for general service purposes;

(120)    The Commission on Audit, for general service purposes and for the supervision, inspection and control of auditing units, for the inspection of equipment and supplies and materials delivered to the various bureaus and offices of the Government, as well as to sites of public construction, and for regular and surprise examinations of collecting, disbursing and other accountable officers;

(121)    The Commission on Elections, for the enforcement of election laws and for carrying out its functions pursuant to the provisions of the Constitution and R.A. No. 6388;

(122)    The Civil Service Commission, including its Regional Offices, for the enforcement of Civil Service Laws and regulations and for general service purpose;

(123)    The Supreme Court, for general service purposes;

(124)    The Court of Appeals, for general service purposes;

(125)    The National Labor Relations Commission, for carrying out its functions and activities under P.D. No. 424;

(126)    The Court of Tax Appeals, for transportation of its personnel whenever the Court holds its sessions outside of the City of Manila, pursuant to Section 6 of R.A. No. 1125; and

(127)    The Juvenile and Domestic Relations Courts, for conducting to and from the Courts, dependent neglected or delinquent children committed to the care of persons or institutions and for inspection and supervision thereof

III.        Officials entitled to use of more than one motor vehicle-

“With the exception of the President, no government officials or employee authorized to use any vehicle operated and maintained from the funds appropriated in this Decree shall be allowed to use more than one such motor vehicle: PROVIDED, HOWEVER, That the Chief Justice of the Supreme Court may be allowed to use two motor vehicles.” (Section 14, P.D. No. 733).

  1. Those entitled to the use of Aircrafts, Vessels and Motor Vehicles of the Armed Forces of the Philippines –

“3.  The Secretary of National Defense may authorize the use of aircrafts, vessels and motor vehicles of the Armed Forces of the Philippines in connection with the peace and order campaign and other activities of the Department, any provision of law to the contrary notwithstanding.”

“32.  The use of Philippine Air Force aircraft and Philippine Navy watercraft shall be limited to military personnel and their immediate dependents, and the President of the Philippines, their aides and guests, civilian of any organization or agency to extend relief in cases of disasters and calamities, settlers with their farm implements going to the settlements, and prisoners and prison guards without subsistence from Manila to the provinces and vice versa.  Bona fide veterans, reserve components including ROTC cadets and WATC cadettes receiving training, and such other persons who may be authorized by the Secretary of National Defense are also authorized the use AFP watercraft/aircraft.  Authority extended to the latter persons shall be reflected in appropriate invitational orders which may also provide for the fees to be collected from such passengers pursuant to the provisions Section 572 of the Revised Administrative Code, as amended: PROVIDED, FURTHER, That the rate charged shall not be in excess of the rates charged by commercial lines.” (Special Provisions,Office of the Secretary of National Defense, P.D. 733).

Except in the cases enumerated above, the use of aircraft, watercraft, vessels, and motor vehicles of the AFP for any other purpose is unauthorized.

  1. Regulations in the Proper Use of Government Vehicles –

(1)    Use of trip tickets –

The use of government motor vehicles by the bureaus and offices enumerated under Sec. 12 of Presidential Decree No. 733 for the purpose herein indicated shall be authorized only through the issuance of each trip ticket, duly signed by the Chief or the Administrative Officer of the bureau, office or entity concerned in Form A, Driver’s Trip Ticket, sample attached (Section 13, ibid).  At the end of each month, the date shown on all the trip tickets (Form A) issued during the month should be transcribed or summarized in chronological order in a Monthly Report of Official Travels (Form B) sample attached, to be accomplished by the driver of each car concerned.  The Monthly Report of Official Travels should be accomplished in triplicate, the original thereof supported by all the Driver’s Trip Tickets, to be submitted, thru the administrative officer  (or equivalent officer) of the bureau, office or entity concerned, to the auditor thereof, the duplicate to be kept by the bureau, office or entity, and the triplicate to be retained by the driver (General Circular No. 26, dated July 28, 1953).

Except in emergency cases, under no circumstance should government motor vehicles be used without the corresponding trip ticket having been duly issued by the official designated for the purpose.  In case of use of said vehicles without such trip tickets, the official to whom the vehicle is assigned, his driver and other passengers shall be held personally liable for the unauthorized use thereof.

Agents of the Land Transportation Commission and members of the Highway Patrol Group have been requested to assist in the apprehension of any official/employee and driver found violating this regulation.

(2)   Marking “For Official Use Only” –

All motor vehicles owned by the National Government, its agencies and instrumentalities, and all local government units including government-owned or controlled corporations, except those used by the officials enumerated under No.  I hereof, should be plainly marked:

FOR OFFICIAL USE ONLY (3 inches)

under which should be written the corresponding name of the bureau, office, corporation, provincial, city, municipality, or other local government unit operating or using the name.

The mark should appear on each side of the motor vehicle.  When there is no sufficient space on each side, the same should appear at the back and on the front just below the windshield of the motor vehicle. (General Circular No. 59, dated November 20, 1958).

(3)    Use for Official Purpose –

Government motor vehicles should be used strictly and exclusively for official business.  In other words, the use thereof for private social functions such as receptions, balls, theatres, and for other personal purposes is absolutely prohibited.  The use of government transportation by the spouses, children, relatives, friends, etc. of the officials entitled thereto is included in the prohibition even if they are in the company of said officials.  Unless specifically authorized by the Office of the President, government motor vehicles shall not be used for fetching officials or employees from home to office or vice-versa. (General Circular No. 26, dated July 28, 1953; Memorandum Circular No. 332, dated June 12, 1957).

However, insofar as the use of government vehicles by local government officials is concerned, the same is governed by Executive Order No. 31, Series of 1954, particularly Section 4 thereof, which provides:

“4.  In view of the nature of their duties and responsibilities and their official and social standing in their communities, the chiefs of offices – provincial governors,  provincial treasurers, provincial auditors, division superintendents of schools, district health officers, district engineers, and others of equal rank shall be entitled to government transportation from residence to office and vice-versa and in connection with civic and semi- official activities beneficial to the public interest, such as the conduct of drives for voluntary contributions for charitable purposes, attendance at public functions, and others of similar nature.”

(4)    Use of Government Plates –

All government motor vehicles shall bear government plates only.  In case of bureaus, offices and agencies maintaining funds for intelligence purposes, the heads of such bureaus, offices or agencies are hereby requested to submit a list of security vehicles which may be added to the existing list of vehicles exempt from using government plates.  Only the President, however, can authorize additional exemptions.

(5)    Keeping in Government Garages –

All government motor vehicles are required, when not in use, to be kept in the garage provided thereof by the bureau or office or entity to which they belong except when in use for strictly official business outside office hours. (Section 13, P.D. 733).

  1. Prohibition Against Use of Government Vehicles by Officials provided with transportation allowance –

No official who has been furnished motor transportation allowance by any government corporation or any other office shall be allowed to use motor vehicle transportation operated and maintained from funds appropriated in the above cited Decree. (Section 14, P.D. 733).

VII.       Enforcement of the Laws and Provisions of this Circular –

For the strict enforcement of this Circular, the Commission on Audit has enlisted the assistance of the Land Transportation Commission and the Highway Patrol Group of the Philippine Constabulary to make apprehensions of any official/employee and driver of any government vehicle violating the provisions thereof.

The Auditors and Accounting Officers concerned as well as officials who have control over the aircrafts, watercrafts, naval vessels and government-owned motor vehicles, are hereby enjoined to enforce strictly the abovequoted provisions of law and the provisions of this Circular.

All Auditors are, accordingly, directed to disallow in audit expenses in connection with the operation and use of government vehicles unless the vehicles involved have been properly marked with the words, “FOR OFFICIAL USE ONLY” etc., in accordance with regulations, the RP plate installed and the prescribed driver’s trip ticket duly accomplished.  Likewise, expenses regarding any misuse of government vehicles, military aircrafts, watercrafts and vessels shall be disallowed in audit.  The official (and his driver) found responsible for the unauthorized use or misuse of said vehicles shall be held personally liable for the expenditures arising therefrom, and in addition, shall be held liable to administrative, criminal or civil prosecution as maybe warranted by the circumstances, including the withdrawal of the privilege to use government transportation.

The Auditors are hereby required to submit a report of compliance with the provisions of this Circular by their respective bureaus, offices or agencies, beginning November 30,1975, and every fifteen (15) days thereafter.

All existing circulars and memoranda inconsistent herewith are repealed/modified accordingly.

(SGD.) FRANCISCO S. TANTUICO, JR.

Acting Chairman

NOTE: Heads of Departments, Provincial Governors and Provincial Treasurers are requested to transmit the contents of this Circular to all concerned under their respective jurisdictions.