Person Allowed To Administer Oath

Executive Order No.
292
CHAPTER 10
SECTION 41. Officers Authorized to Administer Oath.—(1) The
following officers have general authority to administer oath: Notaries
public, members of the judiciary, clerks of courts, the Secretary of the
either House of the Congress of the Philippines, of departments, bureau
directors, registers of deeds, provincial governors and lieutenant-
governors, city mayors, municipal mayors and any other officer in the
service of the government of the Philippines whose appointment is vested
in the President.
(2) Oaths may also be administered by any officer whose duties, as
defined by law or regulation, require presentation to him of any statement
under oath.
SECTION 42. Duty to Administer Oath.—Officers authorized to
administer oaths, with the exception of notaries public, municipal judges
and clerks of court, are not obliged to administer oaths or execute
certificates save in matters of official business; and with the exception of
notaries public, the officer performing the service in those matters shall
charge no fee, unless specifically authorized by law.
Republic Act No. 6733

AN ACT TO AMEND SECTION 21, TITLE I, BOOK I OF THE
REVISED ADMINISTRATIVE CODE OF 1987, GRANTING
MEMBERS OF BOTH HOUSES OF THE CONGRESS OF THE
PHILIPPINES THE GENERAL AUTHORITY TO ADMINISTER
OATHS, AND FOR OTHER PURPOSES
SECTION 1. Section 21 of the Revised Administrative Code is hereby amended to

read as follows:
“SEC. 21. Officials authorized to administer oath.—The following officers have

general authority to administer oaths, to wit:
“President; Vice-President; Members and Secretaries of both Houses of the Congress;

Members of the Judiciary; Secretaries of Departments; provincial governors and
lieutenant-governors; city mayors; municipal mayors; bureau directors; regional
directors; clerks of courts; registrars of deeds; and other civilian officers in the
Philippine public service whose appointments are vested in the President of the
Philippines and are subject to confirmation by the Commission of Appointments; all
other constitutional officers; and notaries public. A person who by authority of law
shall serve in the capacity of the officers mentioned above shall possess the same
power.”
SEC. 2. Section 41 of the Administrative Code of 1987 is hereby amended to read as

follows:
“SEC. 41. Officers Authorized to Administer Oath.—The following officers have

general authority to administer oaths: President; Vice-President; Members and
Secretaries of both Houses of the Congress; Members of the Judiciary; Secretaries of
Departments; provincial governors and lieutenant-governors; city mayors; municipal
mayors; bureau directors; regional directors; clerks of courts; registrars of deeds;
other civilian officers in the public service of the government of the Philippines
whose appointments are vested in the President and are subject to confirmation by the
Commission on Appointments; all other constitutional officers; and notaries public.”
SEC. 3. Nothing in this Act shall be construed as to disauthorize any person now
authorized to administer oaths under existing laws.
SEC. 4. The Members and Secretaries of both Houses of Congress may delegate the
authority to committee secretaries or any staffer thereof in the conduct of a pending
inquiry or investigation.
SEC. 5. Those authorized to administer oaths under this Act shall not be required to
keep a register of the oaths they administer nor keep or submit copies of the same,
except in the case of notaries public, or as otherwise required by existing laws.
CA 141 Provisions:
Section119. Every conveyance of land acquired under the free patent
or homestead provisions, when proper, shall be subject to repurchase by
the applicant, his widow, or legal heirs, within a period of five years from
the date of the conveyance.
Section103. All the proofs, affidavits, and oaths of any kind required
or necessary under this Act may be made before the justice of the peace
of the municipality in which the land lies, or before the judge or clerk of
the Court of First Instance of the province in which the land lies, or
before any justice of the peace or chargeable notary public of the
province in which the land lies, or before any officer or employee of the
Bureau of Lands authorized by law to administer oaths.
The fees for the taking of final evidence before any of the officials
herein-before mentioned shall be as follows:
For each affidavit, fifty centavos.
For each deposition of the applicant or the witness, fifty centavos.
ACT No. 2711

REVISED ADMINISTRATIVE CODE
ARTICLE I
ORGANIZATION OF BUREAU
Section 1845. Authority of Officers to Administer Oaths and Take
Testimony. - The Director of Lands, (the Assistant Director of Lands),
and the Chiefs of division in the Bureau of Lands, are authorized to
administer oaths and take acknowledgments in matters of officials
business, and to take testimony in official investigations conducted under
the authority of the laws and regulations relating to the Bureau of Lands.
A local land officer, (mining recorder) and any person designated by the
Director of Lands as friar-land agent, chief of a survey party, or inspector
of the Bureau of Lands may administer oaths and take acknowledgments
as aforesaid, and, when thereunto deputed by the Director of Lands, may
exercise the same authority to take testimony as other officers
hereinabove named.
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE
REGIONAL EXECUTIVE DIRECTOR, DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR) - REGION IV,

MANILA, v. AMOR HACHERO AND THE REGISTER OF DEEDS OF
PALAWAN
G.R. No. 200973, May 30, 2016
There being a controversion, the presumption of regularity in the
performance of official duties applies favorably to the Republic.. The
doctrine in Bustillo vs. People,
xxx In sum, the petitioners have in their favor the
presumption of regularity in the performance of official
duties which the records failed to rebut. The presumption of
regularity of official acts may be rebutted by affirmative
evidence of irregularity or failure to perform a duty. The
presumption, however, prevails until it is overcome by no
less than clear and convincing evidence to the contrary.
Thus, unless the presumption is rebutted, it becomes
conclusive. Every reasonable intendment will be made in
support of the presumption and in case of doubt as to an
officer's act being lawful or unlawful, construction should be
in favor of its lawfulness.
and in Farolan v. Solmac Marketing Corp.,

In the same vein, the presumption, disputable though it may
be, that an official duty has been regularly performed applies
in favor of the petitioners. Omnia praesumuntur rite et
solemniter esse acta. (All things are presumed to be correctly
and solemnly done.) It was private respondent's burden to
overcome this juris tantum presumption. We are not
persuaded that it has been able to do so are both instructive.

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Executive Order No.

SECTION 41. Officers Authorized to Administer Oath.—(1) The

following officers have general authority to administer oath: Notaries

public, members of the judiciary, clerks of courts, the Secretary of the

either House of the Congress of the Philippines, of departments, bureau

directors, registers of deeds, provincial governors and lieutenant-

service of the government of the Philippines whose appointment is vested

(2) Oaths may also be administered by any officer whose duties, as

defined by law or regulation, require presentation to him of any statement

SECTION 42. Duty to Administer Oath.—Officers authorized to

administer oaths, with the exception of notaries public, municipal judges

and clerks of court, are not obliged to administer oaths or execute

certificates save in matters of official business; and with the exception of

charge no fee, unless specifically authorized by law.

Republic Act No. 6733

REVISED ADMINISTRATIVE CODE OF 1987, GRANTING

MEMBERS OF BOTH HOUSES OF THE CONGRESS OF THE

PHILIPPINES THE GENERAL AUTHORITY TO ADMINISTER

OATHS, AND FOR OTHER PURPOSES

SECTION 1. Section 21 of the Revised Administrative Code is hereby amended to

“SEC. 21. Officials authorized to administer oath.—The following officers have

“President; Vice-President; Members and Secretaries of both Houses of the Congress;

SEC. 2. Section 41 of the Administrative Code of 1987 is hereby amended to read as

“SEC. 41. Officers Authorized to Administer Oath.—The following officers have

Section119. Every conveyance of land acquired under the free patent

or homestead provisions, when proper, shall be subject to repurchase by

the date of the conveyance.

before any justice of the peace or chargeable notary public of the

Bureau of Lands authorized by law to administer oaths.

herein-before mentioned shall be as follows:

For each affidavit, fifty centavos.

For each deposition of the applicant or the witness, fifty centavos.

ACT No. 2711

Section 1845. Authority of Officers to Administer Oaths and Take

Testimony. - The Director of Lands, (the Assistant Director of Lands),

and the Chiefs of division in the Bureau of Lands, are authorized to

administer oaths and take acknowledgments in matters of officials

business, and to take testimony in official investigations conducted under

Director of Lands as friar-land agent, chief of a survey party, or inspector

of the Bureau of Lands may administer oaths and take acknowledgments

as aforesaid, and, when thereunto deputed by the Director of Lands, may

exercise the same authority to take testimony as other officers

REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE

REGIONAL EXECUTIVE DIRECTOR, DEPARTMENT OF

ENVIRONMENT AND NATURAL RESOURCES (DENR) - REGION IV,

G.R. No. 200973, May 30, 2016

There being a controversion, the presumption of regularity in the

performance of official duties applies favorably to the Republic.. The

doctrine in Bustillo vs. People,

xxx In sum, the petitioners have in their favor the

presumption of regularity in the performance of official

duties which the records failed to rebut. The presumption of

regularity of official acts may be rebutted by affirmative

evidence of irregularity or failure to perform a duty. The

presumption, however, prevails until it is overcome by no

less than clear and convincing evidence to the contrary.

Thus, unless the presumption is rebutted, it becomes