Administrative Code of 1987/Book IV/Chapter 10

by Corazon Aquino

Layout 2

Chapter 10—Appointments And Qualifications

Sec. 44. Appointment of Secretaries.—The Secretaries of Departments shall be appointed by the President with the consent of the Commission on Appointments, at the beginning of his term of office, and shall hold office, unless sooner removed, until the expiration of his term of office, or until their successors shall have been appointed and qualified.

Sec. 45. Qualifications of Secretaries.—The Secretaries shall be citizens of the Philippines and not less than twenty-five years of age.

Sec. 46. Appointment of Undersecretaries and Assistant Secretaries.—The Undersecretaries and Assistant Secretaries of Department shall, upon the nomination of the Department concerned, be appointed by the President.

Sec. 47. Appointment to other Senior Positions and their Equivalents.—Directors and Assistant Directors of Bureaus, Regional and Assistant Regional Directors, Department Service Chiefs, and their Equivalents shall be appointed by the President in accordance with law, rules and regulations.

Sec. 48. Disqualification of the spouse and relatives of the President.—The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Secretaries, Undersecretaries, Chairmen or heads of bureaus or offices including government-owned or controlled corporations and their subsidiaries.

Sec. 49. Inhibitions Against Holding More than Two Positions.—Even if allowed by law or by the primary functions of his position, a member of the Cabinet, undersecretary, assistant secretary or other appointive official of the Executive Department may, in addition to his primary position, hold not more than two positions in the government and government corporations and receive the corresponding compensation therefor: Provided, that this limitation shall not apply to ad hoc bodies or committees, or to boards, councils or bodies of which the President is the Chairman.

If a Secretary, Undersecretary, Assistant Secretary or other appointive official of the Executive Department holds more positions than what is allowed in the preceding paragraph, he must relinquish the excess positions in favor of a subordinate official who is next in rank, but in no case shall any official hold more than two positions other than his primary position.