EXECUTIVE ORDER NO. 836
EXECUTIVE ORDER NO. 836 - PROVIDING
FOR SEPARATE POSITIONS OF CHAIRMAN AND GENERAL MANAGER IN THE
PHILIPPINE TOBACCO ADMINISTRATION
WHEREAS,
under the New Republic, national economic development shall be pursued
with renewed dedication and greater determination through a more
efficient, effective and economical government;
WHEREAS, the present Charter of the Philippine Tobacco Administration
provides that the Chairman of the Board shall act as the General
Manager of the Corporation;
WHEREAS, pursuant to Letter of Instructions No. 1200, the position of
Chairman of the Board is directed to be separate from the that of the
Chief Executive Officer in all government-owned or controlled
corporations, 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 the Presidential Decree No. 1416 as amended, do hereby
order and ordain:
Section 1. The position of Chairman of the Board of
the Philippine Tobacco Administration, hereinafter referred to as the
Administration, shall henceforth be separate from the position of
General Manager. The Chairman of the Board, who shall be responsible
for presiding over the meetings of the Board of Directors, hereinafter
referred to as the Board, shall be appointed by the President of the
Philippines for a term of five (5) years.
Sec. 2. The Board shall have the following powers
and functions:
(a)
Formulate policies necessary for the attainment of the purposes and
objectives for which the Administration has been organized;
(b) Adopt
by-laws not inconsistent with existing laws, promulgate rules and
regulations governing the manner in which the general business of the
Administration is to be exercised; and amend, repeal or alter such
by-laws, rules and regulations;
(c) Recommend
for appointment by the President of the Philippines the General Manager
of the Administration;
(d) Determine
the organizational structure of the Administration and create such
positions as may be necessary for the economical, effective and
efficient discharge of its functions and responsibilities;
(e) Pass upon
and approve the annual and supplemental budgets submitted to it by the
General Manager;
(f) Pass upon
and approve management contracts and proposals for the utilization and
disposition of profits;
(g) Submit to
the Office of Budget and Management fiscal plans and statements of
financial condition at such time and in such form as may be prescribed.
The Office of Budget and Management shall include in the budget
document the fiscal plans, financial statements and other informative
data showing the administration’s actual and anticipated income and
expenditures for the preceding, current and ensuing calendar years;
(h) Adopt
rules and procedures and for the time and place for holding meetings,
provided that one regular meeting shall be held monthly; and
(i) Exercise
such other powers and perform such other duties as may be required by
law.
Sec. 3. There is hereby created a position of
General Manager in the Administration, which shall be separate from the
position of Chairman of the Board. The General Manager shall be
appointed by the President of the Philippines, upon recommendation of
the Board, for a term of six (6) years.
Sec. 4. The General Manager shall be the chief
executive officer of the Administration and shall have the following
functions:
(a)
Direct and manage the affairs and operation of the Administration and,
for this purpose, delegate some or any of his administrative
responsibilities and duties to other officers of the Administration;
(b) Execute
the policies and programs approved by the Board;
(c) Recommend
to the Board such policies and measures which he may deem necessary for
the efficient, effective and economical implementation of the
Administration’s approved policies, plans and programs;
(d) Submit,
through the Board, within sixty days after the close of the calendar
year an annual report to the President, the Batasang Pambansa and the
Minister of Agriculture;
(e) Appoint
subordinate employees as may be necessary for the proper discharge of
the functions of the Administration subject to the confirmation of the
Board, and
(f) Remove,
suspend, or otherwise discipline for cause any subordinate employees of
the Administration in accordance with applicable Civil Service laws,
rules and regulations.
Sec. 5. 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. 6. 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 portion can still stand and be given effect in their entirety
to accomplish the objectives of this Executive Order.
Sec. 7. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
eighty-two.