EXECUTIVE ORDER NO. 777
EXECUTIVE ORDER NO. 777 -
REORGANIZING THE MINISTRY OF LOCAL GOVERNMENT AND COMMUNITY
DEVELOPMENT, RENAMING IT AS MINISTRY OF LOCAL GOVERNMENT AND
TRANSFERRING ITS COMMUNITY DEVELOPMENT FUNCTION TO THE MINISTRY OF
HUMAN SETTLEMENTS AND FOR OTHER PURPOSES
WHEREAS, under the New Republic,
national economic development shall be pursued with renewed vigor and
greater determination;
WHEREAS, the Ministry of Local Government and Community Development
shall be more effective instrument of development if it specializes in
the functions specifically relating to local government development and
supervision which will avoid overlapping and duplication of functions
with other Ministries;
WHEREAS, the adoption by the government of the Kilusang Kabuhayan at
Kaunlaran as a priority program reinforces the approach taken by the
Ministry of Human Settlements in the performance of its functions
namely, the strategy self-help and emphasize the need for a more
integrated approach to community development; 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. Declaration of Policy. — The state shall
guarantee and promote the autonomy of local government units,
especially the barangay, to ensure their fullest development as
self-reliant communities. For this purpose, the national government
shall provide the administrative machinery and leadership which shall
foster the establishment of progressive and responsible local
governments.
Sec. 2. Renaming of the Ministry of Local
Government and Community Development as Ministry of Local Government. —
The Ministry of Local Government and Community Development is hereby
renamed as Ministry of Local Government. The community development
function of the Ministry of Local Government and Community Development
as well as the appropriate records of the Bureau of Community
Development are hereby transferred to the Ministry of Human
Settlements. This shall be without prejudice to a realignment of the
functions of the agencies and corporations under the Ministry of Human
Settlements to prevent duplication of functions among them and the
Ministry of Human Settlements proper.
The Bureau of Community Development is hereby renamed Bureau of Local
Government Development, and its applicable appropriations, equipment,
property and staff personnel shall remain with the Ministry of Local
Government. Likewise, all the field officers and personnel in the
regional, provincial, city, municipal and barangay levels of the
Ministry of Local Government and Community Development shall be
retained by the Ministry of Local Government, provided that their
position designations and job descriptions shall be realigned or
revised in accordance with the new program thrusts of the Ministry of
Local Government in coordination with the Office of Budget and
Management.
Sec. 3. Organization. — (1) The authority and
responsibility for the exercise of the powers and the discharge of the
functions of the Ministry of Local Government, hereinafter referred to
as the Ministry, shall be vested in the Minister of Local Government,
hereinafter referred to as the Minister. 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.
(2) The Ministry proper shall be composed of the
immediate Office of the Minister including all the existing regular and
special units under it, a Planning Service, a Financial Management
Service, an Administrative Service, and a Legal Service.
(3) The Ministry shall have regional offices which
shall be organized in accordance with Presidential Decree No. 1
(Integrated Reorganization Plan) as amended.
(4) The Ministry shall have two (2) bureaus, the
Bureau of Local Government Development and the Bureau of Local
Government Supervision. It shall exercise supervision and control over
them.
Sec. 4. Functions of the Ministry. — The Ministry
of Local Government shall perform development and regulatory functions.
It shall develop the capability of local government officials and
strengthen the administrative capability of local government units. It
shall assist the President in exercising his power and general
supervision over all local governments. It shall also assist in the
administration of the Katarungang Pambarangay (barangay justice). The
Ministry shall be responsible for the following functions:
(1)
Develop the capability of local government officials for development;
(2) Strengthen
the capability of local government units so that they can perform their
functions under conditions of greater local autonomy and develop
increasing capacity to govern and carry out development programs;
(3) Assist the
President in exercising general supervision over local government;
(4) Assist in
the administration of the Katarungang Pambarangay (barangay justice);
(5) Administer
training, research, technical and financial assistance programs and
local government participation to improve the management of local
government units;
(6) Perform
other functions provided by law.
* Sec. 6. Functions of the Bureau of Local
Government Development. — The Bureau shall be responsible for the
following functions:
(1)
Formulate programs and undertake research designed to develop the
capability of local government officials in managing local
affairs;
(2) Provide
technical assistance designed to enhance the administrative and fiscal
capabilities of local government in the financing and delivery of local
public services;
(3) Formulate
and administer training programs for local government officials and
personnel;
(4) Assist
local governments in the formulation, implementation and evaluation of
local governments plans;
(5) Initiate
and conduct in-depth studies and develop models and standards which
shall serve as basis for formulating local government policies;
(6) Formulate,
develop and periodically evaluate policies, plans and strategies
relative to the administration of technical assistance programs
intended to enhance the administrative capacity of local government
units;
(7) Provide
consultation and advice to improve local government management,
including the preparation of manuals and primers on specific areas of
local government administration;
(8) Establish
and administer special incentive funds for local development as well as
provide financial assistance to local government institutions or
associations;
(9) Prescribe
procedures and guidelines in the implementation of grant-in-aid and
self-help assistance projects;
(10) Perform
other functions provided by law.
Sec. 7. Functions of the Bureau of Local
Government Supervision. — The existing Bureau of Local Government is
hereby renamed Bureau of Local Government Supervision, and shall be
responsible for the following functions:
(1)
Advise and assist the Minister in connection with the exercise of the
President of his power of general supervision over local governments,
particularly among others with respect to: the implementation of laws
and policies concerning local governments and their personnel; the
review of local development plans and use of local development funds;
the extension of financial assistance and budgetary aid to local
government equitable; distribution of funds and obligations among local
government units; expropriation and other forms of acquisition of
lands, nominations ad interim appointments of local officials and
related matters;
(2) Formulate
guidelines for and assist in the implementation of laws governing local
government, local development plans and use of local funds;
(3) Exercise
technical supervision on behalf of the Minister over local government
program activities at the regional, provincial, city, municipal and
barangay levels;
(4) Perform
other functions provided by law or assigned to it by the Minister.
Sec. 8. Agencies and Offices under Administrative
Supervision. — All agencies and offices under the administrative
supervision of, or attached to and assisted by the Ministry shall
remain under the Ministry, including the following:
1.
National Secretariat Paglilingkod sa Bagong Lipunan
2. Katipunan
ng mga Sanggunian National Secretariat and the Pambansang Katipunan ng
mga
Punong Bayan sa Pilipinas
Office
3.
Inter-Agency Committee for National Government Aid to Local Government
Units
4. Joint
Commission on Local Government Personnel Administration Secretariat
5. Philippine
Gamefowl Commission
6. Management
Information Systems Office
7. Barangay
Brigades Development Program Office
8. Lupong
Tagapagpaganap Secretariat
9. Rural Roads
Program
10. Rural
Roads Improvement Program
11. Barangay
Water Program
12. Rural
Service Center
13. Barangay
Roads Development Program Office
14. National
Barangay Operations Office
15.
Magalang-Angat Task Force Development Project
Sec. 9. Conversion of Barangay National
Coordinating Executive Secretariat into the Operations Monitoring and
Support Office. — The Barangay National Coordinating and Executive
Secretariat (BNCES) is hereby converted into the Operations Monitoring
and Support Office which shall provide an effective linkage between the
staff and line offices of the Ministry as it pertains to the planning
and implementation phases of its programs, projects and activities.
Sec. 10. Authority of the Minister of Local
Government. — 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 Office of
Budget and Management 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
bureaus, agencies and offices of the Ministry affected by the
reorganization to appropriate positions in the Ministry, and those not
so appointed are deemed laid off.
Sec. 11. Repealing Clause. — All laws, orders,
proclamations, rules and regulations, or parts thereof, which are
inconsistent with any of the provisions of the Executive Order are
hereby repealed or modified accordingly.
Sec. 12. Separability Clause. — Any portion of
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 portion can still stand and be given
effect in their entirety to accomplish the objectives of this Executive
Order.
Sec. 13. Effectivity Clause. — This Executive
Order shall take effect immediately.
Done in the City of Manila,
this 28th day of February, in the year of Our Lord, nineteen hundred
and eighty-two.
* Copied verbatim from documents obtained directly
from the Bureau of Printing publication. (missing Sec. 5)