EXECUTIVE ORDER NO. 11
EXECUTIVE ORDER NO. 11 - CREATING
THE BOARD OF ADMINISTRATORS FOR BANAHAW BROADCASTING CORPORATION (BBC),
RADIO PHILIPPINE NETWORK (RPN), AND INTERNATIONAL BROADCASTING
CORPORATION (IBC), TELEVISION AND RADIO STATIONS DEFINING ITS POWERS
AND FUNCTIONS, AND FOR OTHER PURPOSES
WHEREAS, the Chairman of the
Presidential Commission on Good Government had requested the temporary
sequestration of the facilities, property and equipment of BBC (Channel
2), RPN (Channel 9) and IBC (Channel 13) located in Broadcast City,
Capitol Hills, Quezon City, because substantial resources of government
financial institutions were utilized in their acquisition and expansion
by the owners who remain unidentified and in order to properly maintain
the assets and ensure continuous dissemination of true and accurate
information to the people pending investigation by the Commission and
until the question of their true ownership is determined;
WHEREAS, the Minister of National Defense issued Ministry Order No.
A-003 ordering the sequestration of BBC, RPN, and IBC television and
radio stations, including their properties, funds and other assets (the
“seized assets”), and the taking over and assumption of the management,
control and operation of the business by a task force to be later
constituted;
WHEREAS, on March 2, 1986 the Minister of Information constituted said
task force consisting of a head and four members;
WHEREAS, the task force has started implementation of the sequestration
order and has recommended that the control and custody of the seized
assets and the operation and management of the business be vested in a
multi-sectoral board in order to achieve an independent, impartial and
efficient administration of the operations.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order the
following:
Section 1. Creation. — There is hereby created a
Board of Administrators (“the board”), which shall manage and operate
the business and affairs of BBC, RPN and IBC. The Board of
Administrators shall have custody of their funds and assets subject to
the control and supervision of the Presidential Commission on Good
Government in the furtherance of its functions and responsibilities
under Executive Orders Nos. 1 and 2 respectively. The Board shall,
likewise, properly preserve, maintain and operate the assets of the
aforementioned companies in accordance with the diligence of a good
father of the family and in a manner consistent with the public
interest, convenience and necessity. The Board shall be composed of
seven (7) members chosen who shall be appointed by the Minister of
Information after due consultation with the Presidential Commission on
Good Government. All members of the board shall come from the private
sector. The chairman of the board shall be elected by the
members.
Sec. 2. Policy Guidelines and Objectives. —
Subject to the regulatory measures which now or hereafter may generally
be imposed by the Government on radio and television, the board shall
be an independent body free from supervision or control by the Ministry
of Information or any government office or agency as regards network
affiliation and practices, programming, sponsorship, network time
arrangements, talent control, and all other aspects of radio and
television operation and management. The board shall endeavor to
achieve widest possible dissemination of ideas and maximize service and
program viewpoints and opinion sources with service to the public as
its ultimate goal, at all times ensuring that freedom of the press is
maintained.
Sec. 3. Functions and Powers. — The board shall
function in all respects like a board of directors of a corporation
under the Corporation Code. It shall exercise the powers of a board of
directors which are considered acts of administration but not acts of
strict dominion. It shall also exercise all the powers imposed on
trustees under the principles of the general law of trusts, and on
officious managers under the law on extra-contractual obligations
insofar as the same are applicable to or consistent with the provisions
of this Order.
Sec. 4. Compensation. — The members of the board
shall receive for each meeting attended per diems as may be fixed by
the Presidential Commission on Good Government but which in no case
shall exceed the maximum per diems to be paid to members of the board
of directors of government-owned or controlled corporations.
Sec. 5. Vacancy. — Any vacancy in the board caused
by incapacity, resignation, removal, or death shall be filled by the
Minister of Information after due consultation with the Presidential
Commission on Good Government.
Sec. 6. Reports. — The Comptroller of the
companies shall be appointed by the Presidential Commission on Good
Government. He shall submit to the Presidential Commission on Good
Government periodical reports of the status of the seized assets and
results of its operations as may be determined by the Presidential
Commission on Good Government. Copies of said reports shall be sent to
the President.
Sec. 7. Tenure. — The term of existence of the
board shall be co-terminus with the investigation of the seized assets
by the Presidential Commission on Good Government and until final
disposition of the seized assets in accordance with the findings of the
Commission. The members of the board shall hold office at the pleasure
of the President.
Sec. 8. Disposition of Seized Assets. — Without
prejudice to the findings of the Commission, the Minister of
Information is hereby directed to make studies and recommend to the
President such measures and steps as may be necessary to achieve
diversification of ownership of the stations and promote healthy
competition in the broadcasting and telecasting industry. To properly
enable him to carry out his duty, the Minister of Information is hereby
authorized to appoint a committee or seek expertise assistance to make
such studies and recommendations.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 8th day of April, in the year of Our Lord, nineteen hundred and
eighty-six.