Executive Order No
Executive Order No
1987
Signed on June 18, 1987
MALACAÑANG
MANILA
WHEREAS, Article 2 of the Civil Code partly provides that “laws shall take effect after fifteen
days following the completion of their publication in the Official Gazette, unless it is otherwise
provided x x x;”
WHEREAS, the requirement that for laws to be effective only a publication thereof in the
Official Gazette will suffice has entailed some problems, a point recognized by the Supreme
Court in Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986), when it observed
that “[t]here is much to be said of the view that the publication need not be made in the Official
Gazette, considering its erratic release and limited readership;”
WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be
amended so the laws to be effective must be published either in the Official Gazette or in a
newspaper of general circulation in the country;
SECTION 1. Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.
SEC. 2. Article 2 of Republic Act No. 386, otherwise known as the “Civil Code of the
Philippines,” and all other laws inconsistent with this Executive Order are hereby repealed or
modified accordingly.
SEC. 3. This Executive Order shall take effect immediately after its publication in the Official
Gazette.
Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and
eighty-seven.
(Sgd.) CORAZON C. AQUINO
President of the Philippines
By the President:
(Sgd.) JOKER P. ARROYO
Executive Secretary
Introductory Provisions
SECTION 1. Title. — This Act shall be known as the “Administrative Code of 1987.”
SECTION 2. General Terms Defined. — Unless the specific words of the text, or the context as
a whole, or a particular statute, shall require a different meaning:
(1) Government of the Republic of the Philippines refers to the corporate governmental entity
through which the functions of government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms through which political authority
is made effective in the Philippines, whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or other forms of local government.
(2) National Government refers to the entire machinery of the central government, as
distinguished from the different forms of local governments.
(3) Local Government refers to the political subdivisions established by or in accordance with
the Constitution.
(4) Agency of the Government refers to any of the various units of the Government, including a
department, bureau, office, instrumentality, or government-owned or controlled corporation, or a
local government or a distinct unit therein.
(5) National Agency refers to a unit of the National Government.
(6) Local Agency refers to a local government or a distinct unit therein.
(7) Department refers to an executive department created by law. For purposes of Book IV, this
shall include any instrumentality, as herein defined, having or assigned the rank of a department,
regardless of its name or designation.
(8) Bureau refers to any principal subdivision or unit of any department. For purposes of Book
IV, this shall include any principal subdivision or unit of any instrumentality given or assigned
the rank of a bureau, regardless of actual name or designation, as in the case of department-wide
regional offices.
(9) Office refers, within the framework of governmental organization, to any major functional
unit of a department or bureau including regional offices. It may also refer to any position held or
occupied by individual persons, whose functions are defined by law or regulation.
(10) Instrumentality refers to any agency of the National Government, not integrated within the
department framework vested with special functions or jurisdiction by law, endowed with some
if not all corporate powers, administering special funds, and enjoying operational autonomy,
usually through a charter. This term includes regulatory agencies, chartered institutions and
government-owned or controlled corporations.
(11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate,
administer or adjudicate matters affecting substantial rights and interest of private persons, the
principal powers of which are exercised by a collective body, such as a commission, board or
council.
(12) Chartered institution refers to any agency organized or operating under a special charter,
and vested by law with functions relating to specific constitutional policies or objectives. This
term includes the state universities and colleges and the monetary authority of the State.
(13) Government-owned or controlled corporation refers to any agency organized as a stock or
non-stock corporation, vested with functions relating to public needs whether governmental or
proprietary in nature, and owned by the Government directly or through its instrumentalities
either wholly, or, where applicable as in the case of stock corporations, to the extent of at least
fifty-one (51) per cent of its capital stock: Provided, That government-owned or controlled
corporations may be further categorized by the Department of the Budget, the Civil Service
Commission, and the Commission on Audit for purposes of the exercise and discharge of their
respective powers, functions and responsibilities with respect to such corporations.
(14) “Officer” as distinguished from “clerk” or “employee”, refers to a person whose duties, not
being of a clerical or manual nature, involves the exercise of discretion in the performance of the
functions of the government. When used with reference to a person having authority to do a
particular act or perform a particular function in the exercise of governmental power, “officer”
includes any government employee, agent or body having authority to do the act or exercise that
function.
(15) “Employee” when used with reference to a person in the public service, includes any person
in the service of the government or any of its agencies, divisions, subdivisions or
instrumentalities.