EXECUTIVE ORDER NO. 709
EXECUTIVE ORDER NO. 709 - CREATING
A MINISTRY OF TRADE AND INDUSTRY
WHEREAS, under the New Republic,
national economic development shall be pursued with renewed dedication
and determination;
WHEREAS, as a means of achieving this goal, there is need to correlate
industrial promotion more closely to the expanding trade markets of the
Philippines, particularly in the international economic field;
WHEREAS, there is need to mesh together under a unified direction the
efforts of the government in developing a more balanced and integrated
program of industry and commerce to enable the economy to respond more
effectively to the Industrial requirements of the domestic market as
well as the increasing number of export outlets for Philippine
products; 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. 1416 as amended, do
hereby order and ordain;
Section 1. There is hereby created a Ministry of
Trade and Industry, hereinafter referred to as the Ministry. The
existing Ministry of Trade established pursuant to Presidential Decree
No. 721 as amended, and the existing Ministry of Industry established
pursuant to Presidential Decree No. 488 as amended, are abolished
together with their services, bureaus and similar agencies, regional
offices, and all other entities under their supervision and control.
Their functions, applicable appropriations, records, equipment,
property, and such personnel as may be necessary are transferred to the
new Ministry, except as hereinafter provided.
Sec. 2. The authority and responsibility for the
exercise of the powers and the discharge of the functions of the
Ministry shall be vested in the Minister of Trade and Industry,
hereinafter referred to as the Minister, who shall be appointed by the
President. He shall be assisted by such Deputy Ministers as may be
appointed by the President. The Minister is authorized to determine and
assign the respective functional areas of responsibility of the Deputy
Ministers, should there be more than one; provided, that such
delineation of responsibilities shall cover the substantive functions
and operations of the Ministry; and provided further, that no Deputy
Minister shall be assigned primarily administrative matters.
Sec. 3. The Ministry Proper of the Ministry shall
be composed of an Office of the Minister, a Planning Service, a
Financial and Management Service, an administrative Service, and a
Legal Service. The Deputy Minister or Ministers shall form part of the
Office of the Minister.
Sec. 4. The Ministry shall exercise supervision
and control over the following bureaus and offices which are hereby
created in the Ministry:
(1)
Bureau of Domestic Trade, which shall assume the functions of the
abolished Bureau of Domestic Trade Promotion and the abolished Bureau
of Consumer Affairs;
(2) Bureau of
Foreign Trade, which shall assume the functions of the abolished Bureau
of Export Promotion and of International Trade Relations;
(3) Bureau of
Industrial Development, which shall assume the functions of the
abolished Bureaus of Industrial Coordination and of Industrial
Information and Programs;
(4) Bureau of
Small and Medium Industries, which shall assume the functions of the
abolished entity of the same name;
(5) Philippine
Patent Office, which shall assume the functions of the abolished
Philippine Patent Office; and
(6) Product
Standards Agency, which shall assume the functions of the abolished
Philippine Bureau of Products Standards and the Metric System Board
which is abolished under Sec. 7 hereof.
Sec. 5. The Ministry shall exercise administrative
supervision over the following entities:
(1)
Board of Investments
(2) Cement
Industry Authority
(3) Commission
for Heavy Engineering Industries
(4)
Construction Industry Authority of the Philippines
(5) Garments
and Textile Export Board
(6) Iron and
Steel Authority
(7) Philippine
Textile Research Institute
(8)
Presidential Advisory Committee on the Copper Industry
(9) Price
Stabilization Council
(10)
Technology Transfer Board
The Board of Investments shall continue to be responsible for the
evaluation and registration as well as the granting of incentives to
individual companies in accordance with national policies and
priorities, while the Bureau of Industrial Development and the Bureau
of Small and Medium Industries still be responsible for primarily
promotional and industry-wide activities for the large-scale and
small-scale industrial subsectors respectively. The functions and
staffing patterns of the Board of Investments, the Bureau of Industrial
Development, and the Bureau of small and Medium Industries shall be
aligned accordingly.
Sec. 6. The following corporations are attached to
the Ministry for policy and program coordination:
(1)
Export processing Zone Authority
(2) Metals
Industry Research and Development Center
(3) National
Cottage Industries Development Authority
(4) National
Development Company
(5) Philippine
International Trading Corporation
(6) Philippine
Shippers’ Council
Sec. 7. The following entities are hereby
abolished, and their functions, together with applicable
appropriations, records, equipment, property, and such personnel as may
be necessary are hereby transferred to such appropriate units of the
Ministry as may be deemed suitable by the Minister:
(1)
Accreditation Boards for Service and Repair Enterprise,
(2) Metric
System Board
(3) Foreign
Trade Service Board
(4) Philippine
Export Advisory Council
(5) Small and
Medium Industries Council
Sec. 8. There is created a Fiber Development
Authority, which will absorb the functions of the abolished Bureau of
Fiver and Inspection Service and of the Abaca Industry Development
Authority, which is also hereby abolished. The new Authority shall be
under the administrative supervision of the Minister of Agriculture,
who shall undertake the integration of the functions, applicable
appropriations, records, equipment, property, and such personnel as may
be necessary, of the two abolished entities.
Sec. 9. The President is authorized to appoint a
special Presidential Representative for Trade Negotiations who shall
have Cabinet rank, and who shall be provided with such organizational
support, including funding, personnel and equipment, as may be deemed
necessary for the proper and effective performance of his duties.
Sec. 10. The Minister of Trade and Industry shall
assume the position of Chairman or member, as appropriate, of all
boards or other bodies previously held by either the Minister of
Industry or the Minister of Trade in an ex-officio capacity.
Sec. 11. The Ministry shall have such
ministry-wide regional offices as may be necessary, under the
supervision and control of the Office of the Minister, in accordance
with Article I, Chapter III, Part II of the Integrated Reorganization
Plan as amended. The Ministry may also have such offices and
representatives abroad as may be necessary.
Sec. 12. The Minister is hereby authorized to
issue such orders, rules, and regulations as may be necessary to
implement the provisions of this Executive Order; provided, that
approval of the Ministry of the Budget is obtained relative to the new
staffing pattern including appropriate salary rates, the organizational
structure at divisional and lower levels, and the realignment of
existing appropriations. The Minister may appoint qualified personnel
of the abolished Ministries to appropriate positions in the new
Ministry, and those not so appointed are deemed laid off.
Sec. 13. All Presidential appointees of the
abolished Ministries and their respective bureaus, offices, and other
entities under the supervision and control of, or under the
administrative supervision of, or attached to the abolished Ministries
are laid off, unless otherwise reappointed by the President; provided,
that those who are Career Executive Service Officers shall either be
reappointed or reassigned by the President upon the recommendation of
the Minister to appropriate positions in the new Ministry, or assigned
to the Career Executive Service Board which shall endeavor to find
appropriate placement for them in other ministries or agencies;
provided, further, that those Career Executive Service Officer who have
been assigned to the Career Executive Service Board shall continue to
receive their salaries from any available and applicable funds; and
provided, finally, that those who are not placed in appropriate
positions within six months after their assignment to the Career
Executive Service Board shall be similarly laid off.
Sec. 14. All those who are laid off under the
provisions of this Executive Order shall be entitled to all benefits
and gratuities provided for under existing laws.
Sec. 15. Except as may otherwise be determined by
the Minister, all present incumbents of positions in the abolished
ministries shall continue to exercise their usual functions, duties and
responsibilities, pending the issuance of the appropriate implementing
orders.
Sec. 16. All laws, decrees, orders, proclamations,
rules, regulations, or parts thereof, which are inconsistent with any
of the provisions of this Executive Order are hereby repealed or
modified accordingly.
Sec. 17. 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 the Executive Order.
Sec. 18. 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.
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Since 19.07.98.