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" refers to the
entire machinery of the central government, as distinguished
from the different forms of local governments.
Government" refers to the political
subdivisions established by or in accordance with the Constitution.
of the Government" refers to
any of the various units of the Government, including a department,
bureau, office, instrumentality, or government-owned or controlled
corporations, or a local government or a distinct unit therein.
agency" refers to a unit of
the National Government.
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
(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
(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 within 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
agency" refers to any agency
expressly vested with jurisdiction to regulate, administer
or adjudicate matters affecting substantial rights and interests
of private persons, the principal powers of which are exercised
by a collective body, such as a commission, board or council.
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.
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
(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.