ADMINISTRATIVE ORDER NO. 38-A - AMENDING ADMINISTRATIVE ORDER NO. 38 DATED AUGUST 23, 2002 IN ORDER TO PROVIDE FOR THE SEPARATION BENEFITS PROVIDED BY LAW FOR OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF ENERGY DISPLACED OR SEPARATED AS A RESULT OF THE RESTRUCTURING OF THE ELECTRIC POWER INDUSTRY

WHEREAS, Administrative Order No. 38 dated August 23, 2002 effected the institutional strengthening of the Department of Energy to enable the Department of Energy to respond adequately to its expanded role and functions arising from the passage of new laws, including Republic. Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001;

WHEREAS, Sec. 63 of the Electric Power Industry Act of 2001 provides for the separation benefits of government officials and employees affected by the restructuring of the electric power industry;

WHEREAS, the institutional strengthening of the Department of Energy as a necessary component in the restructuring of the electric power industry resulted in the displacement or separation from service of several officers and employees of the Department of Energy, other than those belonging to its Energy Industry Administration Bureau;

WHEREAS, the Secretary of Energy recommends the issuance of this Administrative Order, with the concurrence of the Secretary of Budget and Management;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Amendment. — Sec. 4 of Administrative Order No. 38 dated August 23, 2002 is hereby amended to read as follows:

"Sec. 4. Separation and Other Benefits. — Pursuant to Sec. 63 of the Electric Power Industry Reform Act of 2001 (Republic Act No. 9136), officers and employees separated from the Department of Energy as a result hereof shall be entitled to the corresponding benefits therein; Provided, That before an officer or employee may avail of separation benefits hereunder, the Secretary of Energy shall have approved the separation from the service of and issued the appropriate clearance for the particular officer or employee concerned."

Sec. 2. Implementing Guidelines, Rules and Regulations. — The Secretary of Energy shall promulgate, with the concurrence of the Secretary of Budget and Management, the necessary implementing guidelines, rules and regulations to ensure the orderly implementation of this Administrative Order.

Sec. 3. Effectivity. — This Administrative Order shall take effect immediately. 

DONE in the City of Manila, this 2nd day of July, in the year of our Lord, Two Thousand and Three.