D. Sections 1 9 Book VII Administrative Code of 1987

BOOK VII
Administrative Procedure
CHAPTER 1
General Provisions
SECTION 1. Scope.—This Book shall be applicable to all agencies as defined in the next
succeeding section, except the Congress, the Judiciary, the Constitutional Commissions,
military establishments in all matters relating exclusively to Armed Forces personnel, the Board
of Pardons and Parole, and state universities and colleges.
SECTION 2. Definitions.—As used in this Book:
(1) “Agency” includes any department, bureau, office, commission, authority or officer of the
National Government authorized by law or executive order to make rules, issue licenses, grant
rights or privileges, and adjudicate cases; research institutions with respect to licensing
functions; government corporations with respect to functions regulating private right, privileges,
occupation or business; and officials in the exercise of disciplinary power as provided by law.
(2) “Rule” means any agency statement of general applicability that implements or interprets a
law, fixes and describes the procedures in, or practice requirements of, an agency, including its
regulations. The term includes memoranda or statements concerning the internal administration
or management of an agency not affecting the rights of, or procedure available to, the public.
(3) “Rate” means any charge to the public for a service open to all and upon the same terms,
including individual or joint rates, tolls, classifications, or schedules thereof, as well as
commutation, mileage, kilometerage and other special rates which shall be imposed by law or
regulation to be observed and followed by any person.
(4) “Rule making” means an agency process for the formulation, amendment, or repeal of a rule.
(5) “Contested case” means any proceeding, including licensing, in which the legal rights, duties
or privileges asserted by specific parties as required by the Constitution or by law are to be
determined after hearing.
(6) “Person” includes an individual, partnership, corporation, association, public or private
organization of any character other than an agency.

(7) “Party” includes a person or agency named or admitted as a party, or properly seeking and
entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall
be construed to prevent an agency from admitting any person or agency as a party for limited
purposes.
(8) “Decision” means the whole or any part of the final disposition, not of an interlocutory
character, whether affirmative, negative, or injunctive in form, of an agency in any matter,
including licensing, rate fixing and granting of rights and privileges.
(9) “Adjudication” means an agency process for the formulation of a final order.
(10) “License” includes the whole or any part of any agency permit, certificate, passport,
clearance, approval, registration, charter, membership, statutory exemption or other form of
permission, or regulation of the exercise of a right or privilege.
(11) “Licensing” includes agency process involving the grant, renewal, denial, revocation,
suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of a
license.
(12) “Sanction” includes the whole or part of a prohibition, limitation or other condition affecting
the liberty of any person; the withholding of relief; the imposition of penalty or fine; the
destruction, taking, seizure or withholding of property; the assessment of damages,
reimbursement, restitution, compensation, cost, charges or fees; the revocation or suspension
of license; or the taking of other compulsory or restrictive action.
(13) “Relief” includes the whole or part of any grant of money, assistance, license, authority,
privilege, exemption, exception, or remedy; recognition of any claim, right, immunity, privilege,
exemption or exception; or taking of any action upon the application or petition of any person.
(14) “Agency proceeding” means any agency process with respect to rule-making, adjudication
and licensing.
(15) “Agency action” includes the whole or part of every agency rule, order, license, sanction,
relief or its equivalent or denial thereof.
CHAPTER 2
Rules and Regulations
SECTION 3. Filing.—(1) Every agency shall file with the University of the Philippines Law
Center three (3) certified copies of every rule adopted by it. Rules in force on the date of
effectivity of this Code which are not filed within three (3) months from that date shall not
thereafter be the basis of any sanction against any party or persons.
(2) The records officer of the agency, or his equivalent functionary, shall carry out the
requirements of this section under pain of disciplinary action.
(3) A permanent register of all rules shall be kept by the issuing agency and shall be open to
public inspection.
SECTION 4. Effectivity.—In addition to other rule-making requirements provided by law not
inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of
filing as above provided unless a different date is fixed by law, or specified in the rule in cases of
imminent danger to public health, safety and welfare, the existence of which must be expressed
in a statement accompanying the rule. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them.
SECTION 5. Publication and Recording.—The University of the Philippines Law Center shall:
(1) Publish a quarterly bulletin setting forth the text of rules filed with it during the preceding
quarter; and
(2) Keep an up-to-date codification of all rules thus published and remaining in effect, together
with a complete index and appropriate tables.
SECTION 6. Omission of Some Rules.—(1) The University of the Philippines Law Center may
omit from the bulletin or the codification any rule if its publication would be unduly cumbersome,
expensive or otherwise inexpedient, but copies of that rule shall be made available on
application to the agency which adopted it, and the bulletin shall contain a notice stating the
general subject matter of the omitted rule and new copies thereof may be obtained.
(2) Every rule establishing an offense or defining an act which, pursuant to law is punishable as
a crime or subject to a penalty shall in all cases be published in full text.

SECTION 7. Distribution of Bulletin and Codified Rules.—The University of the Philippines Law
Center shall furnish one (1) free copy each of every issue of the bulletin and of the codified rules
or supplements to the Office of the President, Congress, all appellate courts and the National
Library. The bulletin and the codified rules shall be made available free of charge to such public
officers or agencies as the Congress may select, and to other persons at a price sufficient to
cover publication and mailing or distribution costs.
SECTION 8. Judicial Notice.—The court shall take judicial notice of the certified copy of each
rule duly filed or as published in the bulletin or the codified rules.
SECTION 9. Public Participation.—(1) If not otherwise required by law, an agency shall, as far
as practicable, publish or circulate notices of proposed rules and afford interested parties the
opportunity to submit their views prior to the adoption of any rule.
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have
been published in a newspaper of general circulation at least two (2) weeks before the first
hearing thereon.
(3) In case of opposition, the rules on contested cases shall be observed.

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D. Sections 1 9 Book VII Administrative Code of 1987

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BOOK VII

of Pardons and Parole, and state universities and colleges.

SECTION 2. Definitions.—As used in this Book:

including individual or joint rates, tolls, classifications, or schedules thereof, as well as

regulation to be observed and followed by any person.

or privileges asserted by specific parties as required by the Constitution or by law are to be

determined after hearing.

(6) “Person” includes an individual, partnership, corporation, association, public or private

organization of any character other than an agency.

character, whether affirmative, negative, or injunctive in form, of an agency in any matter,

including licensing, rate fixing and granting of rights and privileges.

clearance, approval, registration, charter, membership, statutory exemption or other form of

permission, or regulation of the exercise of a right or privilege.

suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of a

destruction, taking, seizure or withholding of property; the assessment of damages,

reimbursement, restitution, compensation, cost, charges or fees; the revocation or suspension

of license; or the taking of other compulsory or restrictive action.

relief or its equivalent or denial thereof.

thereafter be the basis of any sanction against any party or persons.

requirements of this section under pain of disciplinary action.

SECTION 4. Effectivity.—In addition to other rule-making requirements provided by law not

emergency rules known to persons who may be affected by them.

with a complete index and appropriate tables.

a crime or subject to a penalty shall in all cases be published in full text.

cover publication and mailing or distribution costs.

rule duly filed or as published in the bulletin or the codified rules.

opportunity to submit their views prior to the adoption of any rule.

(3) In case of opposition, the rules on contested cases shall be observed.

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