Revised Policies and Guidelines on the Administrative Issuance System (AIS) in the Department of Health (DOH)

December 2, 2004

DOH ADMINISTRATIVE ORDER NO. 2004-0182

 

I. Rationale

To further systematize, harmonize and effectively manage the DOH and provide instructions to execute and implement laws, programs, and perform mandated functions, the Secretary of Health shall formulate, and circulate policies and guidelines thereof for everybody concerned. Standards, rules, regulations, announcements, declarations, proclamation, assertions, edicts, decisions, objectives, plans, programs, and projects and other relevant information of interest and benefit to all concerned shall be properly documented and disseminated. It is directed that these are released as administrative issuances based on the Administrative Code of 1987. Book IV in Chapter 2 Section 7 of the Code, states that the Department Secretary shall:

"(3) Promulgate rules and regulations necessary to carry out the Departments objectives, policies, functions, plans, programs and projects"

"(4) Promulgate administrative issuance necessary for the efficient administration of the offices under the Secretary and the proper execution of laws relative hereto. These issuances shall not prescribe penalties for their violation, except when expressly authorized by law"

Moreover, Executive Order 102 in 1999 redirected the functions of the DOH and consequently imposed the implementation of the Rationalization and Streamlining Plan. This transferred the functions of record/document management to the Knowledge Management, Division, and Information Management Service from the General Service Division, Administrative Service and formally tasked the Health Planning and Policy Development Bureau to manage the policy process.

II. Objectives

This order prescribes standards for the formulation, classification, processing, dissemination to filing of administrative issuances at the DOH. This is to ensure that these are scholarly done and is in harmony with existing government rules and regulations and consistent with the management and health industry standards.

III. Classification

With Chapter 11, Book IV of the Administrative Code of 1987 as a guide, the following issuance classification will be adopted:

A. Administrative Order (AO) prescribes policies, rules and regulations and procedures promulgated by the DOH in accordance or pursuant to law, and is primarily applicable to individuals and organizations outside of the DOH. It supplements provisions of the law or provides means for carrying them out. It usually creates rights and obligations and has administrative sanctions or penalties for violation. Because it affects the rights of others in addition to the DOH, the same is issued sparingly and subjected to extended consultations or discussions. CHIaTc

An AO is the highest administrative issuance of the DOH and shall only be issued by the Secretary of Health. Where rules and regulations to implement health policies are specifically covered by special laws, they shall not take effect unless signed or approved by the Secretary of Health, published in the official gazette or any newspaper of general circulation and/or three (3) copies thereof filed with the UP Law Center as required by existing laws, rules and regulations. It shall only have the effect of the law for which it is issued until rescinded or amended.

Bureaus shall no longer issue bureau circulars or orders for the general public unless provided for by law or the Administrative Code of 1987.

An AO shall cover but not be limited to the following subject matters:

1. Health policies, standards and procedures governing health services that has to be implemented or followed by public and private health providers.

2. Policies and guidelines to execute or put into operation Implementing Rules and Regulations on health and health-related laws.

3. Organizational changes mandated by law.

4. Changes in functions or mandates of offices.

5. Joint Administrative Orders between the DOH and other government agencies.

B. Department Order (DO) are policies, rules and regulations and procedures promulgated by the DOH in accordance or pursuant to law, and health industry and international standards and is primarily applicable ONLY to individuals, groups, offices, bureaus, centers, services hospitals, offices or agencies under the DOH for compliance. A DO shall at least cover the following:

1. Department policies, strategies guidelines, guiding principles, rules and regulations of action, standards and procedures governing DOH programs, services, projects and activities that have to be implemented by the DOH and its units.

2. Guidelines for program and project development and implementation and required processes and activities necessary to accomplish established goals, purposes and targets.

3. Guidelines and standard operating procedures to implement various laws and implementing rules and regulations in DOH.

4. Guidelines of providing personnel benefits.

5. Guidelines on local and foreign travel and corresponding benefits.

6. Guidelines on personnel movements such as secondment, and similar undertakings.

7. Instructions on the use of funds, mandatory savings and sub-allotted funds.

8. Guidelines on planning, research, policy development; financial, procurement and logistics management; human resource development; disease surveillance; health emergency preparedness and response; health and management information systems; health promotion; local and international health cooperation; social mobilization and advocacy; health facilities and services management; regulatory and licensing work, health technologies; provision of technical assistance and/or coordination and partnership etc. IAcDET

C. Department Personnel Order (DPO) are issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail, transfer, secondment, attendance to training, workshops, meetings and the like and any and all movements of personnel, travel of personnel for observance or compliance of all concerned. These are acts on matters of administrative detail of subordinate or temporary interest which only concern a particular officer or staff of the DOH. These are also instructions addressed to the DOH as a whole or an office, group of persons, emanating from a higher office or authority on specific tasks or identifiable targets usually for certain duration of time. Examples are:

1. Instructions to personnel undertaking specific assignment whether permanent or temporary

2. Instructions to personnel undertaking travel or field trip for a specific purpose and duration

3. Movement of personnel from one official station to another

4. Attendance to conferences, trainings, seminars, workshops and meetings on official business or time

5. Attendance of personnel in DOH and other government-sponsored activities on official time

6. Assignment of personnel not otherwise delegated to lower level officials

7. Designation of Officer-in-Charge of specific offices and duration

8. Designation of Special Disbursing Officer

9. Creation of Committees, Technical Working Groups, Task Forces, etc. to perform specific assignments

10. Transfer of DOH units offices to other geographic areas

11. Delegation of authority to subordinate officials on a department-wide basis

D. Department Memorandum (DM) are issuances that deals usually with guidelines/reminders of actions and obligations of all or group of offices within the Department emanating from higher authorities which partake of continuing tasks for any given period and mandated "for compliance". Requires strict compliance within a specific time frame or on a continuing basis as quarterly or annually. Specific example of these are:

1. Preparation and submission of reports and statistics required for program development, implementation, monitoring and assessment

2. Preparation and submission of work and financial plan and other financial matters such as cash programs, budget utilization, budget realignments, use of savings

3. Preparation and submission of annual procurement plan and other related procurement and material management requirements such as inventories, disposition, and issuance or updating of memorandum receipts

4. Submission of accomplishment/performance reports required by the DOH and other government agencies

5. Immediate measures to improve general services, financial, procurement, logistics and personnel management and other DOH processes

6. Conduct and submission of personnel evaluation and mandatory submission of asset and liabilities

7. Participation to program launchings or official holidays or undertakings of government in general and the DOH in particular

8. Procedures for implementing an activity of a project or program that are required by government ACSaHc

E. Department Circular: This serves as general instructions coming from the department, other government offices, and private or external entities relevant to Department activities, events and training for reference or information.

It shall cover, but not be limited to, any of the following subjects:

1. Invitations from professional and scientific organizations and other government organizations to be attended on official time by DOH personnel such as workshops, conventions, seminars, postgraduate course, scientific meetings

2. Announcement of vacancies from other agencies such as WHO and other international bodies

3. Launching of activities of health and health-related program/projects regardless of sponsor or lead agency

F. Memorandum Circulars (MC) are actual guidelines, policies, issuances from other government agencies that are relevant to internal administration of DOH or conduct of its services or mandate relevant to individual personnel or a particular group, offices or DOH as a whole.

It shall cover, but not be limited to any of the following subjects:

1. Presidential issuances such as Executive Orders, Proclamations, Memorandum Orders, Administrative Orders and Memorandum Circulars

2. Memorandum circulars and other issuances of the Civil Service Commission on personnel matters

3. Budget circulars, memorandums and issuances from the Department of Budget and Management

4. General Circulars, memorandums and other guidelines from the Commission on Audit

5. Circulars and information materials from the Government Service Insurance System

6. Relevant court opinions and pertinent rulings of the Department of Justice

7. Legislative resolutions from Senate/Congress, Office of the Ombudsman

8. Issuances or circulars from Phil. Health Insurance Corporation on medical or health insurance benefits

9. Career Executive Service Board circular

10. Advisories from the DOH and other government agencies on programs, personnel benefits, budget, for implementation

11. Issuances from other government agencies such as from the Department of Science and Technology, Department of Agriculture, Department of Environment and Natural Resources, Dangerous Drugs Board and other government agencies that are health and health-related and are relevant to DOH.

G. Memorandum. These are missives, letters, notes, communications, notifications, correspondences, notices, reminders, advices, counsels, announcements and messages between and among DOH units, officials and personnel. Instead of the usual letters that are issued by a particular office to another. The Memorandum shall indicate the subject matter (SUBJECT:) on the salutation portion of the first page for easy understanding and appreciation of what the sender wishes to convey.

These may be:

1. Instructions or assigning tasks

2. Mandates comply or adhere to an order

3. Clarifications or inquiries cSEDTC

4. Notices, reminder or invitations

5. Sharing of information

6. Request for comments, advice, counsel, assistance or cooperation or partnerships

IV. Administrative Issuances by Other Units of the Department

With the exception of Department Administrative Order, any office, bureau, or cluster may issue their corresponding orders, memos, circulars, and the like but only for purposes of application within their respective units. Chapter 6 Section 36 of the Administrative Code states:

"(1) The head of a bureau or office shall prescribe forms and issue circulars or orders to secure the harmonious and efficient administration of his bureau or office and to carry into full effect the laws relating to matters within his jurisdiction

(2) Heads of Bureaus or offices are authorized to issue orders regarding the administration of their internal affairs for the guidance of or compliance by their officers and employee

(3) Regional Directors are authorized to issue circulars of purely information or implementing nature and orders relating to the administration of internal affairs of regional offices and units within their supervision

(4) Issuance under paragraphs (2) and (3) hereof shall not require, for their effectivity, approval by the Secretary or other authority"

V. Preparation and Form

A. Subject Matter

1. There should only be one subject matter at a time which shall be clearly specified in the subject heading and should be written in lower case but underlined and in bold letters.

2. Subject shall fully indicate what the issuance is all about and shall answer the following questions, "who", "what", "when", "where" whenever applicable. Refer to Annexes for detailed instructions.

3. In cases when an existing issuance is being amended, it shall indicate the original issuance type and number and a repetition of the subject matter and the part being amended, if applicable. The subject matter shall indicate: "Amendment to AO/DO/DM/DC/MC No. __ on the [indicate whole subject matter of the issuance being amended, and part being amended].

4. The whole portion of the provision being amended shall be quoted first before stating the new conditions of the amendment.

5. Training and seminar invitations shall indicate if staff can attend on official time or official business.

B. Preparation

1. In general, an issuance shall be initiated and/or prepared by the concerned office or program.

2. Issuances from other government agencies shall be coursed through the Records Section, Knowledge Management Division, Information Management Service (KMD-IMS) for preparation of corresponding Department Memorandum Circulars.

3. Training or seminar invitation shall be coursed through the HHRDB for preparation.

C. Form: Administrative Issuances shall be prepared in accordance with the prescribed formats as shown in Annexes.

D. Letterhead: The official letterhead of the Secretary of Health shall be used for all types of administrative issuances except for issuances disseminated by other DOH officials who are heads of their respective major organizational units and which the issuance is inherent in his/her position and applicable only to organizational units under his/her jurisdiction. ECSHID

E. Hierarchy of Issuances: The administrative issuances of the DOH are ranked as follows: (1) Administrative Order, (2) Department Order, (3) Department Personnel Order, (4) Department Memorandum, (5) Department Circular, and (5) Memorandum Circular. Hence, the Administrative Order, being the highest administrative issuance of the DOH can amend and repeal all other administrative issuances of the DOH. Further, an issuance that is higher in rank cannot be amended or repealed by a lower in rank issuance.

VI. Reviews and Approval

A. Review and Clearance: In general, all issuances shall pass through the following offices for review of accuracy, consistency and conformity with existing policies and standards based on the delegation of authority.

1. Health Policy Development and Planning Bureau (HPDPB): Issuances on policies particularly Administrative Orders and Department Orders regarding policies, strategies guidelines, guiding principles, rules of action, standards and procedures on DOH programs and systems shall be coursed through the Policy Division, HPDPB and shall be discussed and reviewed by the DOH Legislative and Policy Coordinating Committee.

2. Administrative Service (AS): Department Personnel Order involving personnel and administrative matters shall be coursed through the AS.

3. Health Human Resource and Development Bureau (HHRDB): Department Personnel Orders regarding trainings shall also be endorsed by the HHRDB who shall review and check consistency to training plans and confirms if this is to be attended on official time or business.

4. Information Management Service: All Department Circulars and Memorandum Circulars.

B. Signatories: A signatories box indicating office of origin and all those involved in the approval process, and date when this was endorsed from one officer to another shall be indicated in the duplicate copy. The first column shall be for the office of origin and the last column is for the Office of the Secretary or Office of the Undersecretary or Assistant Secretary depending on to whom the Secretary delegated the authority.

C. Approval:

1. All administrative issuances with department-wide implications and with involvement of the public or entities other than the DOH on shall be signed and approved by the Secretary of Health unless otherwise delegated to an Undersecretary or Assistant Secretary through an official delegation of authority.

2. In case approval is delegated the phrase "By Authority of the Secretary of Health" shall be written above the name of the official concerned.

3. When an issuance has been erroneously classified and/or labelled, it shall be returned to the originating office for revision before further due course is given thereon. The Records Section, KMD-IMS shall immediately inform the office concerned for correction thereof.

VII. Numbering System

A. All administrative issuances shall be forwarded to the Records Section, KMD-IMS for numbering.

B. Based on the Administrative Code, every circular or order issued shall be properly identified as such and chronologically numbered. Each class of issuance shall begin with number '1' for each calendar year.

C. The following numbering system will be followed: XXXX-YYYY, wherein:

XXXX - refers to the year the issuance had been approved or made official CSHEca

YYYY - chronological or sequential number

For example:

Administrative Order	No. 2004-0001
Department Memorandum	No. 2004-0001
Department Order	No. 2004-0001

D. Administrative Issuances shall be numbered sequentially each year as received in the Central Records Section, KMD-IMS

E. For amended issuances as stated in Section 5.1.2, numbering shall follow the original number and an additional sequential digit:

XXXX-YYYY-Z (where Z is a letter of the alphabet starting from "A")

F. In cases when an issuance had already been numbered but withdrawn permanently, the number will not be reissued again.

G. Delayed posting or Non-posting of an administrative issuance may be allowed on a case to case basis depending on the official instructions of the Office of the Secretary.

VIII. Amendment/Revision of Administrative Issuances

A. Amendments of administrative issuances are allowed in order to reflect corrections, changes, additions, and revocation or repeal as deemed necessary to adjust to the changing circumstances surrounding the subject thereof or the problem sought to be solved or alleviated to the rule.

B. The administrative issuance may be changed, corrected, revoked or repealed directly by the Secretary of Health unless delegated thereat.

C. An administrative issuance may be amended as often as it becomes necessary. However, to facilitate monitoring and tracking of amendments in the provisions of an administrative issuance, it is strongly advised to limit amendments to three times. Otherwise, a new issuance shall be made for the total revision or revocation of previous issuances inconsistent thereto.

D. Format: Preparation and format of amendments to administrative issuances shall follow the rules of Section 5 and 6 of this Administrative Order.

IX. Dissemination

The primary dissemination mechanism of all issuances is the DOH Administrative Issuance Billboard in the DOH Intranet as such all issuance shall be posted in this site and all DOH Offices are required to have an internet connection as mandated by law. For AO, this shall also be posted in the DOH Web site: http://www.doh.gov.ph for the general public consumption.

A. Posting in the Intranet is automatic but subject to the compliance of the prescribed form, classification approving authority and other guidelines in this order. Mislabeled, misclassified and erroneous issuances shall not be posted.

B. The Records Section, KMD-IMS shall post an approved issuance with 24 hours from receipt.

C. In cases when an issuance has been posted and the originating offices withdraws it, the Official Concerned shall formally request withdrawal from the Records Section, KMD-IMS and shall sign in the duplicate copy that the issuance is taken out by such Official on that date. The Official shall be responsible for any consequences or ramification or effect of its initial publication and eventual pull out.

D. In cases when minor modification is required for an already posted administrative issuance, revision is allowed with in forty eight (48) hours, otherwise it will be withdrawn permanently.

E. Downloading, printing, reproducing and distribution of relevant issuances to the staff of an office is the responsibility of the head of that office. AcDaEH

F. A Certified True Copy of any issuance will be issued upon request from the Records Section, KMD-IMS.

G. The Central Records Section, KMD-IMS may disseminate hard copies of an administrative issuance to the CHDs who in turn will disseminate same to hospitals under their jurisdiction.

H. The CHDs shall be responsible for providing copies of issuance to hospitals that do not have an internet connection.

X. Publication of Administrative Order and Filing of All Issuance

All administrative issuances shall be filed and archived by the central Record Section, KMD-IMS.

The Records Section, KMD-IMS shall facilitate processing of administrative issuances that require publication to a leading newspaper of general circulation charged against the funds of the originating office.

Likewise, the Records Section, KMD-IMS shall be responsible for filing three certified true copies of each administrative orders with the Office of the National Administrative Register (ONAR), UP Law Center, Diliman, Quezon City per Section 3 (1) , Chapter 2, Book VII, Administrative Code of 1987, Memo Circular No. 11 s. 1992 from the Office of the President, which states that:

Section 3. Filing. — (1) Every agency shall file with the University of the Philippines Law Center, three (3) copies 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 sanctions against any party or persons.

Memorandum Circular No. 11 s. 1992 — All Department Secretaries, Heads of Bureaus, Commissions and other governmental agencies are hereby directed to file three (3) certified copies of every rules adopted by their respective department, bureau, commission or agency with the UP Law Center in Diliman, Quezon City.

A. A sharing fee for the filing of administrative issuances at the UP Law Center will likewise be charged against the funds of the originating office as prescribed in the Memorandum Order from the UP Law Center which states that:

"filing of each rule/regulation with the Office of National Administrative Register (ONAR) is subject to a minimal sharing fee of twenty pesos (P20.00) per rule/regulation to be filed."

B. Filing of administrative issuances at the ONAR shall be guided by guidelines 8 and 9 of the UP Law Center which states that:

UP Law Center Guideline No. 8 — Rules and regulations to be filed with the UP Law Center shall, among others, include but not be limited to, the following:

a) Statements of general applicability which implement or interpret a law;

b) Statements of general applicability which fix and describe the procedure in, or practice requirements of an agency;

c) Amendments or repeal of any prior rule;

d) Regulations affecting private rights, privilege, occupation or business;

e) Administrative disciplinary action and the governing rules of procedure."

"UP Law Center Guideline No. 9 — Rules and Regulations which need not be filed with the UP Law Center, shall, among others, include but not be limited to, the following:

a) Those which are interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the Administrative Agency and not the public;

b) Instructions on the case studies made in petitions for adoption; HCacTI

c) Rules laid down by the head of a government agency on the assignments or workloads of his personnel or the wearing of uniforms;

d) Rules and regulations affecting only a particular or specific sector and circularized to them;

e) Instructions by administrative supervisors concerning the rules and guidelines to be followed by their subordinates in the performance of their duties;

f) Memoranda or statements concerning the internal administration or management of an agency not affecting the rights of, or procedure available to the public;

g) Memoranda or circulars merely disseminating any law, executive order, proclamation, and issuances of other government agencies.

C. The Records Section, KMD-IMS shall maintain a file the original and duplicate copies of the issuances based on rules on records disposition prescribed by the Record Management and Archive Office.

XI. Execution and Monitoring

Implementation and monitoring of the compliance to the approved classification and other provisions of this AIS shall be the responsibility of the heads of offices within the Department which initiated the issuance.

The Knowledge Management Division of the Information Management Service shall take charge of the overall implementation and monitoring of the AIS.

XII. Issuance Effectivity

An Administrative Order shall be effective fifteen days after filing with UP Law Center unless a different date is specified in the rule following the provisions of Section 4, Chapter 2, Book VII, Administrative Code of 1987.

Section 4. Effectivity. — In addition to other rule-making requirements provided by law not consistent 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 measure to make emergency rules known to persons who may be affected by them.

All other issuance shall take effect upon posting or publication in the DOH intranet unless otherwise specified in the issuance.

XIII. Repealing Clause

The provisions of Administrative Order numbers 85 s. 1960; 86 s. 1960; 111 s. 1963; 32 s. 1994; 33 s. 1994; 30 s. 1999 and Memorandum Order No. 81 s. 2004 and other related issuances inconsistent or contrary with the provisions of this Administrative Order are hereby revoked, revised, modified accordingly, rescinded and/or repealed.

XIV. Effectivity

This order shall take effect January 1, 2005.

(SGD.) MANUEL M. DAYRIT, MD, MSc.Secretary of Health

ANNEX

[DATE]

ADMINISTRATIVE ORDER

 

 

I. Rationale (Background)

II. Statement/Declaration of Policy

III. Objectives

IV. Scope or Sphere of Application

V. Definition of Terms TCIHSa

VI. .

VII. .

VIII. .

IX. .

X. etc.

XI. Repealing/Separability/Penalty Clause

XII. Effectivity

[Name of Secretary]Secretary of Health

(Approval box on the duplicate copy)

 

Office	Originating	HPDPB	Office of	OSEC
	Office/Bureau/Service		Asec/Usec
			Concerned
Initial	Division/Director	Director	Usec/Asec	HEA
Date	__________________	___________	____________	___________

[DATE]

DEPARTMENT ORDER

 

 

I. Rationale (Background)

II. Statement/Declaration of Policy

III. Objectives

IV. Scope or Sphere of Application

V. Definition of Terms

VI.

VII.

VIII. etc.

IX. Repealing/Separability/Penalty Clause

X. Effectivity

[Name of Secretary]Secretary of Health

[If Delegated to next authority]:

BY AUTHORITY OF THE SECRETARY OF HEALTH

[Name of Undersecretary or Assistant Secretary][Undersecretary/Assistant Secretary of Health]

(Approval box on the duplicate copy)

 

Office	Originating	Clearing Office	Office of	OSEC
	Office/Bureau/Service		Asec/Usec
			Concerned
Initial	Division/Director	Director	Usec/Asec	HEA
Date	__________________	___________	____________	___________

[DATE]

DEPARTMENT CIRCULAR o

 

 

I. Background or Restatement of Purpose cEISAD

II. Details ______________________________________________________

[Name of Secretary]Secretary of Health

[If Delegated to next authority]:

BY AUTHORITY OF THE SECRETARY OF HEALTH

[Name of Undersecretary or Assistant Secretary][Undersecretary/Assistant Secretary of Health]

(Approval box on the duplicate copy)

 

Office	Originating	Clearing Office	Office of	OSEC (If
	Office/Bureau/Service	(IMS)	Asec/Usec	Signed by
			Concerned	Secretary)
Initial	Division/Director	Director	Usec/Asec	HEA
Date	__________________	___________	____________	___________

[DATE]

DEPARTMENT PERSONNEL ORDER

 

 

I. Background or Restatement of Purpose

II. Details ______________________________________________________

[Name of Secretary]Secretary of Health

[If Delegated to next authority]:

BY AUTHORITY OF THE SECRETARY OF HEALTH

[Name of Undersecretary or Assistant Secretary][Undersecretary/Assistant Secretary of Health]

(Approval box on the duplicate copy)

 

Office	Originating	Clearing Office	Office of	OSEC (If
	Office/Bureau/Service	(AS and/or	Asec/Usec	Signed by
		HHRDB)	Concerned	Secretary)
Initial	Division/Director	Director	Usec/Asec	HEA
Date	__________________	___________	____________	___________

[Date]

MEMORANDUM

 

 

[Body of the memorandum] HIaSDc