EXECUTIVE ORDER NO. 464
EXECUTIVE ORDER NO. 464 - CREATING
A PRESIDENTIAL COMMITTEE TO STUDY GOVERNMENT CORPORATIONS
WHEREAS,
the reorganization of national government departments, bureaus, offices
and agencies has already been completed, implemented, and is now
operational;
WHEREAS, the government-wide reorganization included the sector on
government-owned or controlled corporations only on a very limited
basis;
WHEREAS, there is now a proliferation of government corporations
engaged in major industrial, commercial, infrastructure, and social
projects and activities which affect the pace and quality of national
development;
WHEREAS, the multiplicity of government corporations and their
comprehensive involvement in national affairs create a very complex
situation which demands a more rational approach towards the
organization, management, and supervision of all government
corporations; and
WHEREAS, there is a need to provide central policy direction,
coordinative and monitoring mechanism for government corporations in
order to maximize their resource inputs and allow them to vigorously
implement the government’s socio-economic projects.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and direct the following:
Section 1. There is hereby created a Presidential
Committee to Study Government Corporations to be composed of the
Chairman of the Presidential Commission on Reorganization, Commissioner
of the Budget, Secretary of Economic Planning, Secretary of Finance,
and Secretary of Justice. The President shall designate the chairman
from among the members. To facilitate the work of the Committee, the
Presidential Commission on Reorganization and the Budget Commission
shall provide it with the necessary technical and administrative staff
support.
Sec. 2. The Committee shall conduct and prepare a
comprehensive study, review and assessment of all government-owned or
controlled corporations and to recommend policy measures that could
provide the overall organization, management and supervision of all
government corporations. Specifically, the Committee shall inter alia
perform the following:
(a)
Define explicitly the government’s philosophy or policy on the role and
objectives of government corporations in the overall scheme of national
development and their relationship vis-a-vis private enterprise;
(b) Formulate
criteria on the “entry and exit” of government corporations on specific
fields of endeavor;
(c) Provide
specific guidelines for determining the appropriateness or suitability
of adopting the corporate structure as against other forms of
organization;
(d) Provide a
clearer definition, systematic scheme of classification, and a
framework for the possibility of standardizing the powers and authority
of government corporations;
(e) Devise a
suitable mechanism or arrangement for the efficient and effective
supervision and coordination of all government corporations as would
avoid overlapping of functions and further ensure the public
accountability of government corporations;
(f) Lay down
the framework for the integration of the various activities of
government corporations on such matters as the creation of
subsidiaries, investments, capital transfers, resource allocation and
issuance of bonds or securities;
(g) Provide
benchmarks or indicators for the appropriate and accurate evaluation of
corporate performance as well as ensure a continuing system of feedback
and information on government corporations;
(h) Establish
guidelines for internal operating policies to ensure that these are
compatible among government corporations and with policies applicable
to the national government structure;
(i) Propose
criteria for use in the composition and selection of members of boards
of directors of government corporations; and
(j) Recommend
policies and measures for the rationalization of existing government
corporations, including proposals for the merger, abolition and
reorientation of such corporations as well as proposals for appropriate
revisions in existing corporate charters as may be indicated by the
findings.
Sec. 3. The autonomy of government corporations
decide on basic policy and other substantive matters in accordance with
their charter including the management of their day-to-day operations
shall be observed and upheld. Government corporations shall refer to
and include all government-owned or controlled corporations, whether
performing proprietary or governmental functions including government
entities granted with corporate power and personality. Excluded from
the study in the Committee are state colleges and universities which
are already being studied by the Presidential Committee to Study State
Higher Education, as well as local governments which are being studied
in connection with the formulation of the Local Governments
Code.
Sec. 4. The Committee is empowered to create study
groups or panels of experts as may be necessary; to call on any
government entity, official or employee for assistance; to secure all
pertinent documents, financial records, or papers; and to perform such
other functions as would facilitate its work. All government
corporations are specifically directed to extend the necessary
cooperation and assistance to the Committee in the performance of its
task.
Sec. 5. An appropriation of P300,000.00 is
authorized for the incurrence of operating and necessary expenditures
in connection with its study of government corporations. The Committee
is directed to submit its report and recommendations on or before
December 31, 1976.
This Order shall take effect immediately.
Done in the City of Manila,
this 28th day of April in the year of Our Lord, nineteen hundred and
seventy-six.