EXECUTIVE ORDER NO. 708
EXECUTIVE ORDER NO. 708 -
REORGANIZING THE OFFICE OF THE PRESIDENT AND CREATING THE OFFICE OF THE
PRIME MINISTER PURSUANT TO THE 1981 AMENDMENTS TO THE CONSTITUTION
WHEREAS, the Filipino people have
ratified through a plebiscite held on April 7, 1981 the amendments to
the Constitution of the Republic of the Philippines;
WHEREAS, there is a need to institute substantive changes at the
highest level of the executive structure of the government to conform
with the aforesaid constitutional amendments;
WHEREAS, it is necessary to delineate and clarify the functions and
relationships of critical positions and units at the highest level of
the executive structure of the government for more efficient
administration of the government’s policies and programs;
WHEREAS, under Presidential Decree No. 830, the President is
specifically granted continuing authority to reorganize his Office; and
WHEREAS, under Presidential Decree No. 1416, as amended, the President
is empowered to undertake such organizational and related improvements
as may be appropriate in the light of changing circumstances and new
developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and the
authority vested in me by Presidential Decree No. 830 and Presidential
Decree No. 1416, as amended, do hereby order and ordain:
A. THE OFFICE OF THE PRESIDENT
Section 1. The Office of the President shall consist
of the Private Offices, the system of Presidential Assistants, the
Presidential Advisers, and the Presidential Security Command. In
addition, the agencies and other entities under the Office of the
President are those enumerated in Section s 7 to 10 hereof.
Sec. 2. The Private Offices shall include the
Private Secretary’s Office, Social Secretary’s Office, and
Malacañang Household Office.
Sec. 3. The system of Presidential Assistants
shall be headed by a Presidential Executive Assistant assisted by such
Deputy Presidential Executive Assistants and other subordinate
Presidential Assistants as may be necessary. It shall also include the
following units:
(1)
Administrative Office
(2) Legal
Office
(3)
Malacañang Clinic
(4)
Malacañang Public Assistance Center
(5)
Presidential Appointments Office
(6)
Presidential Management Staff
(7) Protocol
Office
(8)
Presidential Documents Office
(9) Political
Affairs Office
(10)
Engineer’s Office
The Administrative Office shall be organized from existing components,
including applicable personnel, of the Administrative Office,
Accounting Office, Records Office, and Finance Office of the present
Office of the President.
The Legal Office shall be organized from existing components, including
applicable personnel, of the Legal Office of the present Office of the
President.
The Malacañang Public Assistance Center shall be created from
the merger of the present Complaints and Investigation Office and the
Malacañang Assistance Center.
The other units above-mentioned shall consist of the same units in the
present Office of the President.
The President may create such additional units in the Office of the
President as he may deem necessary.
Sec. 4. There shall be a Presidential Executive
Assistant, with the rank of minister, who shall coordinate and
supervise the system of Presidential Assistants under him as provided
for in Sec. 3; serve as the administrative link between the Office
of the President and the various other offices of the Government; and
perform such other functions as the President may direct. The
Presidential Executive Assistant shall prepare and submit to the
President for approval the system of administrative relationships
within the Office of the President.
Sec. 5. The Presidential Advisers shall provide
direct or personal advisory or consultative services to the President
in such fields and under such conditions as the President may
determine.
Sec. 6. The Presidential Security Command of the
Armed Forces of the Philippines shall provide for the security of the
President and his family, his office, and perform other related duties.
The Presidential Security Command shall include the Presidential Aides
Office, Provost Marshal’s Office, Malacañang Command Center and
the General Communications Support Unit:
(1)
Council of Leaders
(2) Foreign
Policy Council
(3) General
Military Council
(4) National
Security Council
(5) National
Economic and Development Authority
(6) Special
Presidential Reorganization Committee
* Sec. 8. The following entities shall continue to
be directly under the President:
(1)
National Intelligence and Security Authority
(2) Office of
the Presidential Assistant on National Minorities
(3)
President’s Center for Special Studies
(4)
Presidential Commission on Reorganization
Sec. 9. The following entities shall continue to
be under the administrative supervision of the Office of the President:
(1)
Board of Energy
(2) National
Manpower and Youth Council
(3) Philippine
Racing Commission
Sec. 10. The following entities shall continue to
be attached to the Office of the President:
(1)
Central Bank of the Philippines
(2) Pambansang
Katipunan ng Kabataang Barangay ng Pilipinas
(3) Philippine
Coconut Authority
(4) Philippine
Sugar Commission
Sec. 11. The President shall exercise all the
powers and functions as provided for by the Constitution. Specifically,
he shall be the head of state and chief executive of the Republic, and
shall have control of the ministries, In addition, in accordance with
applicable laws, the President shall have the following powers and
functions:
A.
Powers and Functions as Head of State —
1.
Enter into contracts and agreements with other countries or
international agencies; and
2. Mobilize
citizens for national defense, and where necessary, extend the service
of military personnel, recall to active duty any retired officer or
enlisted man take possession of vessels of Philippine registry for
naval and military operation in times of war and other national
emergency, and decide on the matter of detention of warlike vessels
containing arms and ammunitions.
B.
Executive Powers and Functions —
1.
Powers and Functions as Chief Executive
(1)
Issue bonds or other securities to finance government projects, and
endorse debentures for the government as primary obligor;
(2) Approve
the denominations, Dimensions, designs, inscriptions and other
characteristics of notes, and the weight, fineness, designs,
denominations and other characteristics of coins issued by the Central
Bank; and modify the par value of the peso;
(3) Negotiate
and approve the subscription of the Philippine government to the
capital stock of any foreign financing or lending institution and
domestic government-owned or controlled corporation or the increase
thereof and approve the release of funds therefor;
(4) Certify
labor disputes for compulsory arbitration in proper cases
(5) Make
adjustments on all internal revenue taxes relative to rates, taxable
base and classification of articles, under certain conditions;
(6) Increase,
reduce or remove the existing protective rates of import duty,
including any necessary change in classification of articles, subject
to certain limitations;
(7) Subject
export products under Title III of the Tariff and Customs Code, as
amended, to higher or lower rates of duty, include additional products,
excluded or exempt any product from such Title, or additionally subject
any products with an export quota, subject to certain conditions;
(8) Approve
projects of the government to be funded from foreign loans, credits or
indebtedness contracted by the government;
(9) Approve
the compromise or release by the Commission on Audit of certain claims
of government agencies;
(10) Authorize
government financial institutions to extend loans to government
agencies or corporations;
(11) Approve
alternative procedures in opening contract areas and in selecting the
best offer for petroleum operations; and
(12) Offer the
examination of the business affairs, administration and condition of
any corporation.
2.
Administrative Powers and Functions
(1)
Create, abolish, group, coordinate, consolidate, merge or integrate
ministries, bureaus, offices, agencies, instrumentalities and functions
of the government; and transfer functions, appropriations, equipment,
property, records and personnel from one ministry, bureau, office,
agency or instrumentality to another;
(2)
Standardize salaries, materials and equipment;
(3) Remove or
otherwise discipline officers of the government as may be provided by
law; and
(4) Commute or
remove administrative penalties or disabilities upon officials or
employees in disciplinary cases.
3.
Other Powers and Functions
(1)
Determine, designate and reserve any land of the public domain of any
classification for specific purposes, and withdraw or exclude any
portion or portions therefrom;
(2) Approve
the acquisition, transfer, encumbrance, lease or sale, and dispose or
convey title to lands and other properties of the government;
(3) Issue
executive orders and proclamations, as well as rules, regulations or
instructions to implement the laws; and modify or revoke the same;
(4) Declare,
suspend, and terminate a state of national emergency; and
(5) Proclaims
special elections.
C.
Residual Powers and Functions —
1.
Exercise such other powers and functions vested in the President which
are provided for under the laws of the land and which are not
specifically enumerated above, or which are not delegated by the
President in accordance with law, unless the Batasang Pambansa provides
otherwise.
Sec. 12. All references to “The President/Prime
Minister” or to “The President and Prime Minister” in existing laws,
Executive Orders, and other issuances shall be construed to refer to
the President, except as may otherwise be determined by the President,
or by applicable law.
B.
THE OFFICE OF THE PRIME MINISTER
Sec. 13. The Office of the Prime Minister shall
consist of the common staff support system as hereinafter provided for,
and the agencies under or attached to the said Office.
The common staff support system shall refer to such staff or units as
may be necessary which shall provide direct or personal assistance to
the Prime Minister, as well as those which shall provide him with
technical, administrative or general services. The latter shall include
the Administrative Office, Legal Office, Legislative Office, Accounting
Office, Finance Office, Cabinet Secretariat, and Records Office, and
shall absorb the equivalent units or components thereof in the present
Office of the President.
Sec. 14. The Prime Minister shall be assisted,
whenever necessary, by a Deputy Prime Minister as may be determined by
the President.
The Prime Minister shall recommend for appointment by the President a
Secretary-General with the rank of deputy minister who shall supervise
and coordinate the common staff support system of the Office of the
Prime Minister. The Secretary-General and the Office of the Prime
Minister shall also provide the necessary staff support to the
Executive Committee.
Nothing in this Executive Order shall be construed as prohibiting the
Prime Minister from holding a cabinet position with portfolio in a
concurrent capacity.
Sec. 15. The Prime Minister shall assume the
chairmanship of the National Council on Integrated Area Development.
The Prime Minister shall serve as ex-officio, Vice-Chairman of the
National Economic and Development Authority, and as member of the
boards, agencies, and entities where the President is Chairman, without
prejudice to his being designated as Vice-Chairman thereof by the
President.
Sec. 16. The entities under the administrative
supervision of the Prime Minister are the following:
(1)
General Services Administration
(2) Philippine
Atomic Energy Commission
(3)
Presidential Committee to Study Government Corporations which is hereby
renamed Committee to Study Government Corporations
The President, motu propio or upon the recommendation of the Prime
Minister, may make changes in the attachments of corporations and other
entities for purposes of policy and program coordination.
Sec. 17. The Prime Minister shall exercise all the
powers and functions as provided for under the Constitution and the
laws, and as may be delegated by the President pursuant to Section 19
hereof. Specifically, he shall be the head of the Cabinet and the
chairman of the Executive Committee, and shall exercise supervision of
all ministries.
Sec. 18. The Prime Minister shall submit to the
Batasang Pambansa within thirty days from the opening of each regular
session, as the basis of the general appropriations bill, a budget of
receipts based on existing and proposed revenue measures, and of
expenditures, after approval by the President. The Ministry of the
Budget shall prepare such budget in coordination and consultation with
the Prime Minister.
C.
OPERATING RELATIONSHIPS
Sec. 19. As a general principle, the President
shall be concerned principally with major policy and decision-making
processes. The Prime Minister shall be responsible for the day-to-day
supervision and the details of administration of the government.
Matters elevated for
Presidential action shall be those of such national importance or
significance as would require decision of the President himself, and
which preferably have been first coursed through the Prime Minister as
such or as head of the Executive Committee or the Cabinet for
appropriate recommendation. Initially, the Prime Minister and the
Executive Committee shall exercise recommendatory powers with respect
to matters requiring Presidential decision, without prejudice to
exercising such specific powers and functions as may be delegated to
him by the President. Initially, the Executive Committee shall function
along the lines and procedures established for the Cabinet Standing
Committee.
Presidential control over ministries includes the authority to act
directly on any specific function entrusted to the ministries; direct
the performance of a duty; restrain the commission of acts; review,
approve, reverse or modify acts and decisions of ministries; determine
priorities in the execution of plans and programs; and prescribe
standards, guidelines, plans and programs.
Prime Ministerial supervision of ministries refers to the authority to
oversee the operations of the ministries and to insure that they are
managed economically, efficiently, and effectively in accordance with
established policy; to coordinate and harmonize inter-ministerial
operation and activities; and to take such action as may be necessary
for the proper performance of official functions. The Prime Ministerial
supervision herein defined shall be without prejudice to the exercise
of such powers and functions as may be delegated to the Prime Minister
by the President.
Sec. 20. Nothing herein shall be construed as
inhibiting or delimiting any of the President’s powers, including the
authority to direct and institute the conduct of studies on any issue
for submission of appropriate recommendation to him, or to institute
measures for directly handling matters or administering agencies which
he deems vital enough to warrant his personal attention, or to review
decisions of the Prime Minister, the Executive Committee, or the
Cabinet.
In addition to the powers of the Prime Minister provided for herein,
the Prime Minister shall submit to the President for approval a system
for the delegation of Presidential authority, as well as guidelines on
matters which should be elevated for Presidential action and those that
could normally be finally acted upon by the Prime Minister.
The various ministries shall have the authority to fully exercise their
decision making powers and functions at their level, and to act on all
matters affecting solely their substantive operations.
Sec. 21. The Prime Minister shall have the
authority to act on all matters delegated to him by the President in
accordance with law without having to indicate in the proper document
the phrase “By authority of the President”.
D.
GENERAL AND TRANSITORY PROVISIONS
Sec. 22. The President shall issue from time to
time such directives as may be necessary for the implementation of this
Executive Order. Any transfer of functions or units pursuant to this
Executive Order shall include applicable appropriations, records,
equipment, property and such personnel as may be necessary. Assistants
to the President and to the Prime Minister are personal to the
President or Prime Minister as the case may be, and shall serve only at
their pleasure: provided, however, that this concept of Assistants for
the President or Prime Minister shall not apply to the career Staff
Directors in the present Office of the President.
Sec. 23. The various agencies now under the Office
of the President, including those whose enabling charters did not
explicitly specify their respective organizational locations, are
hereby transferred, as follows:
Agency
Ministry
(1)
Alcohol Commission Ministry of Energy
(2) Boy Scouts
of the Philippines Ministry of
Education and Culture
(3) Commission
on Filipinos Ministry of Foreign Affairs Overseas
(4) Commission
on Population
National Economic and Development
Authority
(5) Commission
on the Settlement Ministry of Justice
of Land Problems
(6) Committee
on Transport Ministry of Transportation and
Cooperatives
Communications
(7) Council
for the Welfare Ministry of Social Services
of Children
and Development
(8) Cultural
Center of the Ministry of Human Settlements
Philippines
(9)
Environmental Center of the
Ministry of Human Settlements
Philippines
(10) Export Credit
Corporation Ministry of Finance
(11) Games and
Amusements Board Ministry of
Youth and Sports
Development
(12) Garments
and Textile Export
Ministry of Trade Board
(13) Gintong
Alay Foundation Ministry of Youth and Sports
Development
(14) Gintong
Alay Project Ministry of Youth and
Sports
Development
(15) Girl
Scouts of the
Philippines
Ministry of Education and Culture
(16) Kalinga
Special Development
National Economic and Development
Region
Authority
(17) Museum of
Philippine Costume Ministry of Human
Settlements
(18) National
Artists Awards Ministry of Human Settlements
Committee
(19) National
Board for Teachers
Ministry of Education and Culture
(20) National
Cartography Ministry of Natural Resources
Authority
(21) National
Census Coordinating
National Economic and Development
Board
Authority
(22) National
Coal Authority Ministry of Energy
(23) National
Commission Ministry of Social Services and
Concerning Disabled Persons
Development
(24) National
Commission on
the
Ministry of Human Settlements
Role of Filipino Women
(25) National
Committee on Anti- Ministry of
National Defense
Organized Crime
(26) National
Committee on Ministry of Natural Resources
Geological Sciences
(27) National
Computer Center
National Economic and Development
Authority
(28) National
Dendro
Development
Ministry of Human Settlements
Corporation
(29) National
Disaster
Ministry of National
Defense
Coordinating Council
(30) National
Electrification Ministry of Human Settlements
Administration
(31) National
Fire Society Council Ministry
of National Defense
(32) National
Food Authority Ministry of Human Settlements
(33) National
Media Production
Ministry of Public Information
Center
(34) National
Nutrition
Council Ministry of Agriculture
(35) National
Parts Development Ministry of
Human Settlements
Committee
(36) National
Social Action Ministry of Education and Culture
Council
(37) National
Stud
Farm
Ministry of Education and Culture
Development
(38) National
Wages Council Ministry of Youth and Sports
Development
(39) National
Youth and Sports
Ministry of Youth and Sports
Development Foundation of Development
the Philippines
(40) Nayong
Pilipino Foundation Ministry
of Human Settlements
(41) Pagkain
ng Bayan
Ministry of Human Settlements
(42)
Philippine Amusements and
Ministry of Finance
Gaming Corporation
(43)
Philippine Crop Insurance
Ministry of Finance
Corporation
(44)
Philippine
Gamefowl
Ministry of Local Government and
Commission Community Development
(45)
Philippine Heart Center for Ministry of Human Settlements
Asia
(46)
Philippine National Lines
Ministry of Transportation and
Communications
(47)
Philippine National Red Cross
Ministry of Social Services and
Development
(48)
Philippine National Volunteer
National Economic and Development
Service Coordinating Agency
Authority
(49)
Presidential Committee on
Ministry of Human Settlements
the Rehabilitation Program for
Moro National
Liberation Front
(MNLF) which
is hereby
renamed
National Committee
on the
Rehabilitation Program
for Moro
National Liberation
Front (MNLF)
(50)
Presidential Council for
Ministry of Natural Resources
Forest Ecosystem Management
which is
hereby renamed
National
Council for Forest
Ecosystem
Management
(51)
Procurement Service Council Ministry of the Budget
(52) Public
Estates Authority National Economic and Development
Authority
(53) Rural
Waterworks Development Ministry
of Human Settlements
(54) Sacobia
Development Authority Ministry of
Human Settlements
(55)
Securities and Exchange Ministry of Finance Commission
(56) Task
Force Anti-Gambling Ministry of National Defense
(57) Task
Force Pawikan Council
Ministry of Natural Resources
(58) Toll
Regulatory Board Ministry of Transportation and
Communications
Sec. 24. The President is hereby authorized to
reconstitute the chairmanship or membership of any of the above
agencies as may be necessary and whenever applicable as a result of the
transfer of the agencies from the present Office of the President.
Sec. 25. The following agencies are abolished, and
their functions, applicable applications, records, equipment, property,
and such personnel as may be necessary are hereby transferred to the
appropriate agencies of the government as shall de determined by the
President:
(1)
Consultative Council on Muslim Affairs
(2) Board of
Liquidators
(3) Bonded
Export Marketing Board
(4) Committee
on Government Management Consultancy
(5) National
Commission on Savings
(6) National
Gaming Commission
(7) Philippine
Coordinating Committee on the Asian Development Bank
(8)
Presidential Action Committee on Food
(9) National
Commission on Countryside Credit and Collection
The President shall promulgate the necessary issuances to provide for
the implementing details to carry out this provision.
Sec. 26. All laws, decrees, orders, proclamations,
rules, regulations, and issuances or parts thereof, which are
inconsistent with any of the provisions of this Executive Order are
hereby repealed or modified accordingly.
Sec. 27. Any portion or provision of this
Executive Order that may be declared unconstitutional shall not have
the effect of nullifying the other provisions thereof, provided that
such remaining portions can still stand and be given effect in their
entirety to accomplish the objectives of this Executive Order.
Sec. 28. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this twenty-seventh day of July, in the year of Our Lord, nineteen
hundred and eighty-one.
* Copied verbatim from documents obtained directly
from Bureau of Printing publication. (missing Sec. 7)
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