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Executive Order No. 292 [Introductory

Provisions]
Signed on July 25, 1987 (http://www.o cialgazette.gov.ph/1987/07/25/executive-order-no-292-introductory-provisions/)

Introductory Provisions

SECTION 1. Title. — This Act shall be known as the “Administrative Code of 1987.”

SECTION 2. General Terms De ned. — Unless the speci c 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, o ce, 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 de ned, 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 o ces.
(9) O ce refers, within the framework of governmental organization, to any major functional unit of a
department or bureau including regional o ces. It may also refer to any position held or occupied by
individual persons, whose functions are de ned 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 speci c 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 fty-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) “O cer” 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, “o cer” 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.

Executive Order No. 292

ADMINISTRATIVE CODE OF 1987 (http://www.o cialgazette.gov.ph/1987/07/25/executive-order-no-
292/)

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