Directing And Authorizing All Heads Of Departments, Bureaus, Commissions, Agencies, Offices And Instrumentalities Of The National Government, Including Government-Owned And/or -Controlled Corporations (Goccs), To Rationalize The Rates Of Their Fees And Charges, Increase Their Existing Rates And Impose New Fees And Charges
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Directing And Authorizing All Heads Of Departments, Bureaus, Commissions, Agencies, Offices And Instrumentalities Of The National Government, Including Government-Owned And/or -Controlled Corporations (Goccs), To Rationalize The Rates Of Their Fees And Charges, Increase Their Existing Rates And Impose New Fees And Charges
Administrative Order No. 31
October 1, 2012
Case Overview and Summary
Summary of Administrative Order No. 31Rationalization of Rates (Section 1):
- Heads of government departments, bureaus, commissions, agencies, offices, and instrumentalities, including GOCCs when allowed by their charters, are directed and authorized to:
- Rationalize the rates of their existing fees and charges.
- Increase existing rates if found necessary.
- Impose new fees and charges if found necessary.
Guiding Principles (Section 2):
- In determining rates and imposing new fees and charges, a balance must be sought between:
- Recovering the costs of services rendered.
- The socio-economic impact of their imposition.
Implementation (Section 3):
- Heads of government agencies shall be held responsible for implementing this Administrative Order.
Monitoring (Section 4):
- The Task Force on Fees and Charges created under Administrative Order No. 255 (s. 1996) and reactivated by Executive Order No. 218 (s. 2002) shall monitor compliance of the concerned agencies.
Rules and Regulations (Section 5):
- The Department of Finance (DOF), Department of Budget and Management (DBM), and NEDA shall jointly promulgate rules and regulations to:
- Implement and monitor compliance with this Administrative Order.
- Provide parameters for determining just and reasonable rates.
- Provide safeguards to protect the public from unreasonable and arbitrary fees and charges.
Statutory Requirements (Section 6):
- This Administrative Order shall not be construed as an exemption from the requirements of due process and other requirements set forth by existing laws and regulations.
Repeal (Section 7):
- Memorandum Circular No. 137 (s. 2007) is hereby repealed.
- All presidential issuances, administrative rules and regulations, or parts thereof, which are inconsistent with this Administrative Order are hereby repealed or modified accordingly.
Separability (Section 8):
- If any provision of this Administrative Order is declared invalid or unconstitutional, the other unaffected provisions shall remain valid and subsisting.
Effectivity (Section 9):
- This Administrative Order shall take effect immediately.
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Executive Issuances
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Directing And Authorizing All Heads Of Departments, Bureaus, Commissions, Agencies, Offices And Instrumentalities Of The National Government, Including Government-Owned And/or -Controlled Corporations (Goccs), To Rationalize The Rates Of Their Fees And Charges, Increase Their Existing Rates And Impose New Fees And Charges
Administrative Order No. 31
•October 1, 2012
MALACAÑAN PALACEMANILA
BY THE PRESIDENT OF THE PHILIPPINES
ADMINISTRATIVE ORDER NO. 31
DIRECTING AND AUTHORIZING ALL HEADS OF DEPARTMENTS, BUREAUS, COMMISSIONS, AGENCIES, OFFICES AND INSTRUMENTALITIES OF THE NATIONAL GOVERNMENT, INCLUDING GOVERNMENT-OWNED AND/OR -CONTROLLED CORPORATIONS (GOCCs), TO RATIONALIZE THE RATES OF THEIR FEES AND CHARGES, INCREASE THEIR EXISTING RATES AND IMPOSE NEW FEES AND CHARGES
WHEREAS, Executive Order No. 292 (s. 1987), otherwise known as the Administrative Code of 1987, provides that heads of bureaus, offices and agencies, upon approval of the Secretary, have the continuing authority to charge and collect fees to recover the cost of services rendered;
WHEREAS, the rates of fees and charges collected must be just and reasonable to enable the government to effectively provide services without straining the National Governments resources;
WHEREAS, equity requires that persons receiving or benefiting from rendered services share the cost of providing such services; and
WHEREAS, Memorandum Circular No. 137 (s. 2007) directed the heads of all departments, bureaus, commissions, agencies, offices and instrumentalities of the National Government, including GOCCs, to seek clearance from the National...
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