Executive Order No. 126




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 126, November 04, 1937 ] TRANSFERRING FROM THE DIVISION OF PURCHASE AND SUPPLY TO THE BUDGET OFFICE OF THE CONTROL OF UNUSED AND DORMANT SUPPLIES AND EQUIPMENT OF THE NATIONAL GOVERNMENT AND EXTENDING THE APPLICATION OF EXECUTIVE ORDER NUMBERED NINETY-THREE, CURRENT SERIES, TO ORDERS FOR THE MANUFACTURE OF SUPPLIES, MATERIALS, FURNITURE AND EQUIPMENT, AND FOR THE REPAIR OF FURNITURE AND EQUIPMENT, INCLUDING THOSE FILED WITH BUREAUS AND OFFICES OTHER THAN THE DIVISION OF PURCHASE AND SUPPLY Executive Order Numbered Ninety-three, current series, is hereby amended to read as follows: “WHEREAS, it has come to the attention of this office that in many bureaus and offices of the National Government there exist considerable quantities of unused furniture and equipment and dormant supplies and materials; “WHEREAS, other Bureaus and offices, which are not aware of the existence of such unused and dormant supplies, materials, furniture, and equipment, may be able to use them instead of buying new articles of similar kind; “WHEREAS, public interest demands that these unused and dormant articles be properly utilized, or otherwise disposed of, and that accumulation of unnecessary or excessive stock of supplies and equipment in the future must be avoided; and “WHEREAS, more effective supervision and control in the purchase and issue of supplies, materials, materials, furniture, and equipment are necessary in order that the expenditure of the authorized appropriations for consumption of supplies and materials and for purchase and repair of furniture and equipment may be made with the utmost economy; “Now, therefore, by virtue of the powers vested in me by the Constitution and existing laws, I, MANUEL L. QUEZON, President of the Philippines, in order to avoid unnecessary or extravagant expenditure of public funds, do hereby order and decree that “(1) The Budget Office shall receive and properly store all unused or dormant supplies, materials, furniture, and equipment now existing or which may exist hereafter in all the different branches of the National Government. It shall take care of said articles, account for them, cause them, if necessary, to be repaired or placed in condition for appropriate use, appraise their value, which in no case should exceed the current market price, and cause them to be issued to any branch of the Government that may requisition or order for similar articles charging therefore their appraised value. “(2) From the date of the issuance of this Executive Order, no Head of Department of Chief of Bureau, office, or dependency of the National Government shall be authorized to hold any supplies, materials, furniture or equipment which are not in actual and current use or the use of which may not have been definitely determined, and such officials are hereby direct to transfer to the Budget Office without cost, under the provisions of section six hundred forty-one of the Administrative Code, all unused or dormant articles now existing. “(3) After approving a requisition or order for any article, as required in paragraph five hereof, the Commissioner of the Budget shall first see if there is a similar article in stock in the Budget Office, and if there be any, and the Head of Department concerned approves the requisition or order, he shall cause the article on hand to be issued to the requisitioning Bureau or office and the elimination of the corresponding item from the requisition or order.ℒαwρhi৷ “(4) Except in emergency cases, before filing any requisition or order for the purchase or manufacture of supplies, materials, furniture or equipment, or for repair of any furniture or equipment, Chiefs of Bureaus and offices are hereby enjoined to secure a certificate of the respective accounting officer on the requisition or order, as to the availability of an appropriation to cover the payment of the cost thereof. When, for any reason, the total cost involved in a requisition or order exceeds the amount certified by the accounting officer as available for the purpose, further certification of the said accounting officer as to the availability of the necessary additional fund must be secured before the requisition or order should be allowed to be filled or performed. In case of an emergency, the required certification from the accounting officer may be secured subsequent to the placing of the requisition or order, but it should be done at the first opportunity. Failure to comply with this requirement shall render the responsible official personally liable for the payment of the articles so requisitioned or ordered, or of the cost of the repairs made, as the case may be. “(5) Hereafter, requisition or orders for the purchase or manufacture of supplies, materials, furniture and equipment, for use in any branch of the National Government sent to the Division of Purchase and Supply, Bureau of Printing, Government Marine Railway and Repair Shops, or any other government Bureau or office, or to commercial houses and dealers or private manufacturing or repair shops shall be coursed through the Budget Office. The Commissioner of the Budget shall carefully examine all requisitions and orders received by his office and shall see to it that only articles that are necessary for the service and whose cost is not excessive or extravagant, are purchased or manufactured. Should said official find any item in such requisitions or orders which he considers unnecessary or extravagant, he shall suspend further action on the questioned item and bring the matter to the attention of the Department Head concerned. In case of disagreement between any Department Head and the Commissioner of the Budget, the matter shall be submitted to the President for decision. “(6) No article of any kind, the cost of which is attended to be paid from public funds, shall be received in any Bureau or office of the National Government unless the corresponding requisition or order therefore has been approved by the Commissioner of the Budget, except in case of emergency or in the class of direct purchases authorized by Department Orders Numbered Seventy-three and Seventy-four of the former Department of Commerce and Communications, in which the event the corresponding requisition or order shall be immediately submitted in the usual course, bearing a notation that the article requisitioned or ordered has already been delivered, and a statement of the nature of the emergency. Done at the City of Manila, this fourth day of November, in the year of the Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second. (Sgd.) MANUEL L. QUEZON President of the Philippines By the President: (Sgd.) ELPIDIO QUIRINO Secretary of the Interior The Lawphil Project - Arellano Law Foundation