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Executive Order No.

292 [BOOK VII/Chapter 1-General Provisions] | Official Gazette of the Republic of the Philippines 20/03/2017, 1)27 PM

GOVPH (/)

Executive Order No. 292 [BOOK VII/Chapter


1-General Provisions]
Signed on July 25, 1987 (http://www.gov.ph/1987/07/25/executive-order-no-292-book-viichapter-1-general-provisions/)

BOOK VII
Administrative Procedure

CHAPTER 1
General Provisions

SECTION 1. Scope.This Book shall be applicable to all agencies as deJned 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. DeJnitions.As used in this Book:

(1) Agency includes any department, bureau, ofJce, commission, authority or ofJcer 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 ofJcials in the exercise of disciplinary power as
provided by law.

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Executive Order No. 292 [BOOK VII/Chapter 1-General Provisions] | Official Gazette of the Republic of the Philippines 20/03/2017, 1)27 PM

(2) Rule means any agency statement of general applicability that implements or interprets
a law, Jxes 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, classiJcations, 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 speciJc 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 Jnal disposition, not of an interlocutory
character, whether afJrmative, negative, or injunctive in form, of an agency in any matter,
including licensing, rate Jxing and granting of rights and privileges.

(9) Adjudication means an agency process for the formulation of a Jnal order.

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Executive Order No. 292 [BOOK VII/Chapter 1-General Provisions] | Official Gazette of the Republic of the Philippines 20/03/2017, 1)27 PM

(10) License includes the whole or any part of any agency permit, certiJcate, 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, modiJcation 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 Jne;
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.

Executive Order No. 292


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

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