EXECUTIVE ORDER NO. 936
EXECUTIVE ORDER NO. 936 - PROVIDING
FOR THE ESTABLISHMENT OF A GOVERNMENT CORPORATE MONITORING AND
COORDINATING SYSTEM
WHEREAS, under the New Republic, national
development shall be pursued with renewed dedication and greater
determination through a more efficient, effective, and economical
government;
WHEREAS, over the last few years the government corporate sector has
been accounting for significantly large claims on government budgetary
resources as well as substantial domestic and external
borrowings;
WHEREAS, it is desirable to further rationalize the allocation of the
investment resources of the government sector in order to improve upon
financial and social investment returns and productivity;
WHEREAS, there is need to develop further the institutional mechanisms
for monitoring and coordinating the activities of government-owned and
controlled corporations;
WHEREAS, for effective monitoring and coordination of the operations of
government-owned and controlled corporations, it is necessary to be
better informed about their respective plans, projects, resources
requirements and extent of funding support which will be needed from
the national government and from external sources;
WHEREAS, at present there is no entity primarily responsible for
monitoring and coordinating the operations of government-owned and
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 Presidential Decree No. 1416 as amended, do
hereby order and ordain;
Section 1. There is hereby created a Government
Corporate Monitoring Committee, hereafter called the Committee, which
shall operate as a sub-committee of the Cabinet. It shall be composed
of the Prime Minister as Chairman, and the Minister of Finance, the
Director-General of the Office of Budget and Management, the Governor
of the Central Bank, the Director-General of the National Economic and
Development Authority, and the Chairman of the Commission on Audit as
members. The members may designate alternates to represent them in the
meetings of the Committee, provided that such alternates shall not be
lower than deputy minister or their equivalents.
Sec. 2. The Committee shall have the following
duties and functions:
(1)
Developing appropriate guidelines on the monitoring of the operations
of government-owned and controlled corporations, including their
wholly-owned or majority-owned subsidiaries, such monitoring to include
(a) the utilization of General Appropriations funds from the national
government, whether as equity contributions, program support, or
otherwise; (b) the contracting and utilization of borrowed domestic and
external funds, whether as loans, suppliers’ credits, deferred
payments, or otherwise; and (c) the financial and operational
conditions of the corporations, including the status of major projects
and programs;
(2)
Formulating the necessary recommendations on policies and guidelines
relevant to government corporate operations for submission to and
approval by the President through the Cabinet; and
(3)
Determining the priorities, on the basis of the policies and guidelines
approved by the President through the Cabinet, on acting upon the
various claims of the government corporations for (a) national
government funding (b) domestic and external borrowing, whether as
loans, suppliers’ credits, or otherwise, (c) major projects, and
programs of government corporate entities, such as capital projects and
subsidy programs, and (d) such other matters as may be approved.
Sec. 3. The Committee, in the performance of its
stated responsibilities, shall coordinate with the appropriate
committee and other agencies which also have significant functions
related to the policies, programs, and operations of government-owned
and controlled corporations, including but not limited to the NEDA
Development Budget Coordination Committee, and the NEDA Investment
Coordination Committee, and the NEDA Infrastructure Committee, with the
end in view of avoiding the duplication of requests for information
from the various government corporations. To the extent possible, the
Committee shall rely upon extant data-gathering mechanisms in other
agencies and entities, modifying such data requirements for its own
needs whenever necessary.
Sec. 4. In determining the specific government
corporations that shall fall within the scope of the government
corporate monitoring system herein established, the Committee shall
prepare a list of such government corporations in coordination with the
member agencies of the Committee and with those other entities with
government corporation monitoring functions, such as but not limited to
the Civil Service Commission and the Presidential Commission on
Reorganization, with the end view of arriving at a uniform coverage and
listing of such corporations. On the basis of such a master list, the
Committee shall from time to time select and determine, in addition to
the government financial corporations, the non-financial government
corporations that are to be covered by the monitoring system herein
established.
Sec. 5. The technical secretariat of the
Development Budget Coordination Committee shall provide the technical
and administrative support requirements of the Committee, and shall be
responsible for the day-to-day operating concerns involved in the
monitoring functions of the Committee. For this purpose, the
secretariat shall undertake the monitoring of the operations of
government-owned and controlled corporations, including their
subsidiaries, for the purpose of generating adequate baseline data and
evaluative inputs to policies and programs of the national government
on government-owned and controlled corporations and their subsidiaries.
The Development Budget Coordination Committee technical secretariat may
be augmented as necessary by personnel on part-time or full-time detail
from the member agencies of the Committee and from other agencies
undertaking related work, as well as such consultants as may be
necessary.
Sec. 6. Nothing in this Executive Order shall be
construed as in any way diminishing the powers and functions of the
respective governing boards of the various government-owned or
controlled corporations.
Sec. 7. All laws, decrees, orders, proclamations,
rules and regulations, or parts thereof, which are inconsistent with
any of the provisions of this Executive Order are hereby repealed or
modified accordingly.
Sec. 8. 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. 9. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 29th day of February in the Year of Our Lord, Nineteen Hundred and
Eighty Four.
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