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MOP, Bk 3, v.5, 88

[ ADMINISTRATIVE ORDER NO. 46, September 15, 1937 ]

PRESCRIBING RULES REGARDING THE PRACTICE OF OFFICIALS AND EMPLOYEES OF THE GOVERNMENT TO DISCUSS OR CLARIFY ALL DIFFERENCES OF OPINION ON PUBLIC MATTERS IN PRESS.



In view of the frequency in which controversies touching upon particular phases of governmental activity have been carried on through the public press by contending officials of the Government, or between an official of the Government on the one hand and a private individual on the other; and since this practice is unseemly, distasteful, and may even, at times, be definitely harmful to the service; and because further, the publicizing by two governmental officials of conflicting opinions or real or fancied mutual grievances cannot fail to give the impression that the Government is devoid of order and organization, and that its members are lacking in that sense of restraint and decorum so essential to the effective discharge of public duty;

Now, therefore, I, Manuel L. Quezon, President of the Philippines, by virtue of the powers in me vested by law, do hereby direct the following rules to be followed:

(1) Controversies between officials or employees of the Government shall be submitted to the respective authorities empowered by law to take cognizance thereof, and the decisions of such authorities shall be faithfully observed by the contending parties.

(2) If and when news items or statements contrary to facts are published in the press, or when criticisms are made, founded on false or incorrect information, the Head of the Department or his duly authorized representative may issue a statement giving the facts as they actually are and as supported by the official files, but in no case, except with the express authority from the Office of the President of the Philippines, shall such statement contain argumentative matter or controversial discussion.

This Order shall not preclude any official or employee of the Government from furnishing specific information on, or from clarifying doubtful points concerning, any appropriate subject pertaining to the functions of the particular official or employee, provided that such statements shall be without reference to previous criticism of the Government, or in answer to any of its critics. Neither shall this Order preclude any Department or office of the Government from publishing from time to time, as it is frequently its duty to do, articles in the daily press, in other periodicals or magazines, or in publications of the Government, which articles are intended to inform the people regarding the policies of and the work being done by the Government on matters that may be of interest to the people in the promotion of their well-being, such as topics regarding the efforts of the Government toward the improvement of agriculture, development of proper commerce and trading practices, and other matters of similar general import.

Any official or employee of the Government violating any of the above rules directly or indirectly shall be subject to disciplinary action, including removal from office after due investigation and conviction.

Done at the City of Manila, this fifteenth day of September, in the year of Our Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second.

MANUEL L. QUEZON
President of the Philippines
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