EXECUTIVE ORDER NO. 128
EXECUTIVE ORDER NO. 128 -
REORGANIZING THE NATIONAL SCIENCE AND TECHNOLOGY AUTHORITY
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section 1 (a), and Article III of the Freedom
Constitution.
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), it is
directed that necessary and proper changes in the organizational and
functional structures of the government, its agencies and
instrumentalities, be effected in order to promote efficiency and
effectiveness in the delivery of public services;
AFFIRMING that it is necessary to reorganize the National Science and
Technology Authority in order to make it more effective and responsive
to the scientific and technological needs of the country;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
People and the Freedom Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the National Science
and Technology Authority.
Sec. 2. Reorganization. — The National Science and
Technology Authority is hereby reorganized, structurally and
functionally, hereinafter referred to as Authority, in accordance with
the provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It shall be the
policy of the State to:
[a]
Support and encourage local scientific and technological efforts that
address national and local problems and positively contribute to
national development;
[b] Promote
the development of local capability in science and technology to
achieve technological self-reliance in selected areas that are vital to
national development;
[c] Support
and encourage public and private sector partnership aimed at
accelerating self-reliance in the selected areas;
[d] Encourage
and support private sector initiatives in science and technology and
provide the necessary incentives and assistance to enable the private
sector to take increasing responsibility and a greater role in the
country’s research and development efforts.
Sec. 4. Mandate. — The Authority shall provide
central direction, leadership, and coordination of scientific and
technological efforts and ensure that the results therefrom are geared
and utilized in areas of maximum economic and social benefits for the
people.
The Authority shall formulate and implement policies, plans, programs
and projects for the development of science and technology and for the
promotion of scientific and technological activities for both the
public and private sectors, and ensure that the results of scientific
and technological activities are properly applied and utilized to
accelerate economic and social development.
The Authority shall continually review the state and needs of science
and technology in the context of the country’s developmental goals.
Sec. 5. Powers and Functions. — To accomplish its
mandate, the Authority shall have the following powers and functions:
[a]
Formulate and adopt a comprehensive National Science and Technology
Plan including specific goals, policies, plans, programs and projects
based on the recommendation of the Inter-Council Review Board and, upon
approval by the President, monitor and coordinate its funding and
implementation by all government agencies and instrumentalities;
[b] Promote,
assist, and where appropriate, undertake scientific and technological
research and development in those areas which are determined to be
vital to the country’s development and offer optimum returns for the
resources employed;
[c] Promote
the development of indigenous technology and adaptation and innovation
of suitable imported technology, and in this regard, undertake
technology development up to the commercial stage, preferably in joint
venture with the private sector or with public agencies;
[d] Undertake
design and engineering work to complement its research and development
functions;
[e] Promote,
assist and where appropriate undertake the transfer of the results of
scientific and technological research and development, to their
end-users;
[f] Promote,
assist and where appropriate undertake technological services needed by
agriculture, industry, transport, and the general public;
[g] Develop
and maintain an information system and databank on science and
technology for use by both the public and private sectors;
[h] Develop
and implement, together with other entities concerned, programs for
strengthening scientific and technological capabilities in the relevant
disciplines through manpower training, and through infrastructure and
institution building and rationalization, in both the public and
private sectors;
[i] Promote
public consciousness in science and technology;
[j] Undertake
policy research, technology assessment studies, feasibility studies and
technical studies.
Sec. 6. Structural Organization. — The Authority,
comprising the Offices of the Director-General, and Deputy and
Assistant Directors-General, shall consist of the Services,
Inter-Council Review Board, Sectoral Planning Councils, Institutes and
Regional Offices.
Sec. 7. Director-General. — The authority and
responsibility for the exercise of the mandate of the Authority and for
the discharge of its powers and functions shall be vested in a
Director-General, and shall be appointed by the President and shall
have supervision and control of the Authority, except the Inter-Council
Review Board and the Sectoral Planning Councils, over which he shall
exercise supervision only.
Sec. 8. Office of the Director-General. — The
Office of the Director-General shall consist of the Director-General
and his immediate staff.
Sec. 9. Deputy Directors-General. — The
Director-General shall be assisted by three (3) Deputy
Directors-General appointed by the President upon the recommendation of
the Director-General, one for research and development, one for
regional operations and one for scientific and technical services. The
Deputy Directors-General shall have supervision over the Institute
under their respective functional areas of responsibility.
Sec. 10. Assistant Directors-General. — The
Director-General shall also be assisted by three (3) Assistant
Directors-General, who shall be appointed by the President upon the
recommendation of the Director-General.
Sec. 11. Services. — The Services of the Authority
shall consist of the following:
[a]
Planning and Evaluation Service, which shall be responsible for
providing the Authority with efficient and effective services relating
to planning, programs and project monitoring and development;
[b] Financial
and Management Service, which shall be responsible for providing the
Authority with efficient and effective staff advice and assistance on
budgetary, financial, and management improvement matters;
[c]
Administrative and Legal Service, which shall be responsible for
providing the Authority with efficient and effective services relating
to personnel, information, records, supplies, equipment collection,
disbursement, security and custodial work, and all legal matters.
Sec. 12. Inter-Council Review Board. — There is
hereby created an Inter-Council Review Board, composed of the Ministers
or their designated Deputy Ministers who are members of the sectoral
planning councils under the following Section s 13, 14, 15, 16, 17 and
18, and shall be chaired by the Director-General of Science and
Technology.
The main function of the Board shall be to review the plans of the
sectoral planning councils and the National Science and Technology Plan
and, in connection therewith, shall be assisted by the Planning and
Evaluation Service.
Sec. 13. Sectoral Planning Councils. — There shall
be five (5) sectoral planning councils as follows:
[a]
Philippine Council for Industry and Energy Research and Development,
for industry and energy and mineral resources;
[b] Philippine
Council for Health Research and Development, for health;
[c] Philippine
Council for Agriculture, Forestry and Natural Resources Research and
Development, for agriculture and forestry resources;
[d] Philippine
Council for Aquatic and Marine Research and Development, for aquatic
and marine resources;
[e] Philippine
Council for Advanced Science and Technology Research and Development,
for advanced science and technology.
Each of the councils shall be responsible, in their respective sectors,
for the formulation of strategies, policies, plans, programs and
projects for science and technology development; for programming and
allocation of government and external funds for research and
development; for monitoring of research and development projects; and
for the generation of external funds.
Each council shall have a secretariat which shall be headed by an
Executive Director who shall be appointed by the President upon the
recommendation of the Director-General.
Sec. 14. Philippine Council for Industry and
Energy Research and Development. — The Philippine Council for Industry
and Energy Research and Development, presently existing, is hereby
reorganized, which shall be under the administrative supervision of the
Authority, and shall consist of the Director-General as Chairman and
eight (8) members, as follows: Minister of Trade and Industry, Minister
or Transportation and Communications, Minister of Public Works and
Highways or their designated Deputy Ministers, and Executive Director
of the Council Secretariat, and four (4) representatives of the private
sector in the field of industry and energy, who are chief executive
officers of their respective companies in the field of industry or
energy or are acknowledged leaders in their professions to be appointed
by the President, in their personal capacity, upon recommendation of
the Director-General, each of whom shall be for a term of two (2)
years; provided, however, that the tenure of the members first
appointed by the President shall be as follows: two (2) for one (1)
year and two (2) for two (2) years, as fixed in their respective
appointments. The members shall serve and continue to hold office until
their respective successors shall have been duly appointed and
qualified. Appointment to any vacancy in the Council shall be by the
President and shall only be for the unexpired portion of the term of
the predecessor.
Sec. 15. Philippine Council for Agriculture and
Forestry Research and Development. — The Philippine Council for
Agriculture and Forestry Research and Development is hereby created,
which shall be under the administrative supervision of the Authority,
and shall consist of the Director-General as Chairman and eight (8)
members, as follows: Minister of Agriculture and Food, Minister of
Natural Resources or their designated Deputy Ministers, Chancellor of
the University of the Philippines at Los Baños, Administrator of
the National Food Authority and Executive Director of the Council
Secretariat and three (3) representatives of the private sector in the
fields of agriculture or forestry, who are chief executive officers of
their respective companies in the field of agriculture or forestry or
are acknowledged leaders in their professions to be appointed by the
President, in their personal capacity, upon recommendation of the
Director-General, each of whom shall be for a term of two (2) years;
provided, however, that the tenure of the members first appointed by
the President shall be as follows: one (1) for one (1) year and two (2)
and two (2) years, as fixed in their respective appointments. The
members shall serve and continue to hold office until their successors
shall have been duly appointed and qualified. Appointment to any
vacancy in the Council shall be by the President and shall only be for
the unexpired portion of the term of the predecessor.
Sec. 16. Philippine Council for Health Research
and Development. — The Philippine Council for Health Research and
Development, presently existing, is hereby reorganized which shall be
under the administrative supervision of the Authority, and shall
consist of the Director-General as Chairman and eight (8) members, as
follows: Minister of Health or his designated Deputy Minister,
Chancellor of the University of the Philippines Health Services Center,
Executive Director of the National Nutrition Council, Executive
Director of the Council Secretariat and four (4) representatives of the
private sector in the field of health, who are chief executive officers
of their respective companies in the field of health or are
acknowledged leaders in their professions to be appointed by the
President, in their personal capacity, upon recommendation of the
Director-General, each of whom shall be for a term of two (2) years;
provided, however, that the tenure of the members first appointed by
the President shall be as follows: two (2) for one (1) year and two (2)
for two (2) years, as fixed in their respective appointments. The
members shall serve and continue to hold office until their successors
shall have been duly appointed and qualified. Appointment to any
vacancy in the Council shall be by the President and shall only be for
the unexpired portion of the term of the predecessor.
Sec. 17. Philippine Council for Aquatic and Marine
Research and Development. — The Philippine Council for Aquatic and
Marine Research and Development is hereby created, which shall be under
the administrative supervision of the Authority, and shall consist of
the Director-General as Chairman, and eight (8) members as follows:
Minister of Agriculture and Food, Minister of Natural Resources or
their designated Deputy Ministers, Executive Director of the Council
Secretariat, two (2) representatives from the academic/research
institution and three (3) representatives from the private sector who
are chief executive officers of their respective companies in the field
of aquaculture or marine research or development or are acknowledged
leaders of their professions to be appointed by the President, in their
personal capacity, upon the recommendation of the Director-General,
each of whom shall be for a term of two (2) years; provided, however,
that the terms of the members first appointed by the President shall be
as follows: two (2) for one (1) year and the other three (3) for two
(2) years, as fixed in their respective appointments. The members shall
serve and continue to hold office until their successors shall have
been duly appointed and qualified. Appointment to any vacancy in the
Council shall be by the President and shall only be for the unexpired
portion of the term of the predecessor.
Sec. 18. Philippine Council for Advanced Science
and Technology Research and Development. — The Philippine Council for
Advanced Science and Technology Research and Development is hereby
created, which shall be under the administrative supervision of the
Authority and shall consist of the Director-General as Chairman and
eight (8) members, as follows: Minister of Education, Culture and
Sports or his designated Deputy Minister, President of the University
of the Philippines System; two (2) representatives from the government
sector; and four (4) representatives from the private sector in the
field of advanced science research, all of whom shall be appointed by
the President, in their personal capacity, upon recommendation of the
Director-General, each of whom shall be for a term of two (2) years.
Sec. 19. Institutes. — The Institutes of the
Authority are the following, which shall be line in character:
Industrial Technology Development Institute: Philippine Nuclear
Research Institute; Food and Nutrition Research Institute; Forest
Products Research and Development Institute; Philippine Textile
Research Institute; Advanced Science and Technology Institute; Science
Education Institute; Science and Technology Information Institute; and
Technology Application and Promotion Institute.
Sec. 20. Industrial Technology Development
Institute. — There is hereby created the Industrial Technology
Development Institute, which shall have the following functions:
[a]
Undertake applied research and development to develop technologies and
technological innovations in the field of industrial manufacturing,
mineral processing and energy;
[b] Undertake
the transfer of research results directly to end-users or preferably
via linkage units of other government agencies;
[c] Undertake
technical services, such as but not limited to, standards, analytical
and calibration services mandated by law or as needed by industry;
[d] Conduct
training and provide technical advisory and consultancy services to
industry clientele and end-users.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be necessary. The
Institute shall have the following divisions:
[1]
Chemicals and Minerals Division;
[2] Food
Processing Division;
[3] Fuels and
Energy Division;
[4] Material
Science Division;
[5]
Microbiology and Genetics Division;
[6]
Electronics and Process Control Division;
[7]
Environmental Division;
[8] Rural
Technology Division;
[9] Economics
Division;
[10] Standards
and Testing Division.
Sec. 21. Philippine Nuclear Research Institute. —
The Philippine Nuclear Research Institute, formerly the Philippine
Atomic Energy Commission, is hereby reorganized and shall have the
following functions:
[a]
Conduct research and development on the application of radiation and
nuclear materials, processes and techniques in agriculture, food,
health, nutrition and medicine and in industrial or commercial
enterprises;
[b] Undertake
the transfer of research results to end-users, including technical
extension and training services;
[c] Operate
and maintain nuclear research reactors and other radiation
facilities;
[d] License
and regulate activities relative to production, transfer, and
utilization of nuclear and radioactive substances.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be necessary. The
Institute shall have the following divisions:
[1]
Atomic Research Division;
[2] Nuclear
Services and Training Division;
[3] Nuclear
Regulations, Licensing, and Safeguards Division.
Sec. 22. Food Nutrition Research Institute. — The
Food Nutrition Research Institute, presently existing, is hereby
reorganized and shall have the following functions:
[a]
Undertake research that defines the citizenry’s nutritional status,
with reference particularly to the malnutrition problem, its causes and
effects, and identify alternative solutions to them;
[b] Develop
and recommend policy options, strategies, programs and projects, which
address the malnutrition problem for implementation by the appropriate
agencies;
[c]
Disseminate research findings and recommendations to the relevant
end-users.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be necessary. The
Institute shall have the following divisions:
[1]
Nutrition Standard and Management Division;
[2]
Bio-Medical Nutrition Division;
[3] Nutrition
Intervention Modelling and Assessment Division;
[4]
Communication and Dissemination Services Division.
Sec. 23. Forest Products Research and Development
Institute. — The Forest Products Research and Development Institute,
presently existing, is hereby reorganized and shall have the following
functions:
[a]
Conduct applied research and development in secondary and tertiary
processing for the forest-based industry to generate information and
technology which can improve the utility value of wood and other forest
products;
[b] Undertake
the transfer of completed researches directly to the end-users or via
linkage units of other government agencies;
[c] Undertake
technical services and provide training programs.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General, and
shall be assisted by one or more Deputy Directors, as may be necessary.
The Institute shall have the following divisions:
[1]
Housing Materials Division;
[2] Furniture,
Wares and Packaging Division;
[3] Paper and
Chemical Products Division.
Sec. 24. Philippine Textile Research Institute. —
The Philippine Textile Research Institute, presently existing, is
hereby reorganized and shall have the following functions:
[a]
Conduct applied research and development for the textile industry
sector;
[b] Undertake
the transfer of completed researches to end-users or via linkage units
of other government agencies;
[c] Undertake
technical services and provide training programs.
The Institute shall be headed by a Director, who shall be appointed by
the President upon recommendation of the Director-General and shall be
assisted by one or more Deputy Directors, as may be necessary, and
shall have the following divisions:
[1]
Research and Development Division;
[2] Technical
Services Division.
Sec. 25. Advanced Science and Technology
Institute. — There is hereby created the Advanced Science and
Technology Institute, which shall have the following functions:
[a]
Undertake long-term researches to strengthen and modernize science and
technology infrastructure;
[b] Conduct
research and development work in the advanced fields of studies
including biotechnology and microelectronics;
[c] Complement
the overall endeavour in the scientific field with intensive activities
in the computer and information technologies.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be
necessary.
Sec. 26. Science Education Institute. — There is
hereby created the Science Education Institute, which shall have the
following functions:
[a]
Undertake science education and training;
[b] Administer
scholarships, awards and grants;
[c] Undertake
science and technology manpower development;
[d] Formulate
plans and establish programs and projects for the promotion and
development of science and technology education and training in
coordination with the Ministry of Education, Culture and Sports, and
other institutions of learning in the field of science and technology.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be necessary. The
Institute shall have the following divisions:
[1]
Scholarship and Training Division;
[2] Science
and Technology Manpower Assessment Division; and
[3] Science
and Technology Education Division.
Sec. 27. Science and Technology Information
Institute. — There is hereby created the Science and Technology
Information Institute which shall have the following functions:
[a]
Establish a science and technology databank and library;
[b]
Disseminate science and technology information; and
[c] Undertake
training on science and technology information.
The Institute shall be headed by a Director, who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors, as may be necessary.
Sec. 28. Technology Application and Promotion
Institute. — There is hereby created the Technology Application and
Promotion Institute (TAPI) whose primary responsibility is to serve as
the implementing arm of the Authority in promoting the
commercialization of technologies and in marketing the services of the
other operating units in the Authority; for such purpose it shall have
the following functions:
[a]
Undertake contract research, particularly at the pilot plant and
semi-commercial stage;
[b] Provide
technical consultancy including engineering design services, patenting
and licensing services;
[c] Provide
grants and/or venture-financing for new and/or emerging
projects.
The Institute shall be headed by a Director who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors as may be necessary.
Sec. 29. Philippine Atmospheric, Geophysical and
Astronomical Services Administration. — The Philippine Atmospheric,
Geophysical and Astronomical Services Administration, presently
existing, is hereby reorganized and shall have the following functions:
[a]
Maintain a nationwide network pertaining to observation and forecasting
of weather and other climatological conditions affecting national
safety, welfare and economy;
[b] Undertake
activities relative to observation, collection, assessment and
processing of atmospheric and allied data for the benefit of
agriculture, commerce and industry;
[c] Engage in
studies of geophysical and astronomical phenomena essential to the
safety and welfare of the people;
[d] Undertake
researches on the structure, development and motion of typhoons and
formulate measures for their moderation; and
[e] Maintain
effective linkages with scientific organizations here and abroad, and
promote exchange of scientific information and cooperation among
personnel engaged in atmospheric, geophysical and astronomical studies.
The Institute shall be headed by a Director who shall be appointed by
the President upon recommendation of the Director-General and shall be
assisted by one or more Deputy Directors as may be necessary.
Sec. 30. Philippine Institute of Volcanology and
Seismology. — The Philippine Institute of Volcanology and Seismology,
presently existing, is hereby reorganized and shall have the following
functions:
[a]
Predict the occurrences of volcanic eruptions and earthquakes and their
geotectonic phenomena;
[b] Determine
how eruptions and earthquakes shall occur and, also likely areas to be
affected;
[c] Exploit
the positive aspects of volcanoes and volcanic terrain in furtherance
of the socio-economic development efforts of the government;
[d] Generate
sufficient data for forecasting volcanic eruptions and earthquakes;
[e] Formulate
appropriate disaster-preparedness plans; and
[f] Mitigate
hazards of volcanic activities through appropriate detection, forecast,
and warning systems.
The Institute shall be headed by a Director who shall be appointed by
the President upon the recommendation of the Director-General and shall
be assisted by one or more Deputy Directors as may be necessary.
Sec. 31. Regional Offices. — The Authority is
hereby authorized to establish, operate and maintain a Regional Office,
whenever appropriate, in each of the administrative regions of the
country, to be headed by a Regional Director who shall report to, and
subject to the supervision of, the Deputy Director-General for Regional
Operations. A Regional Office shall have, within its administrative
region, the following functions:
[a]
Implement laws, rules, regulations, policies, plans, programs and
projects of the Authority;
[b] Provide
efficient and effective service to the people;
[c] Coordinate
with regional offices of other ministries, offices and agencies in the
administrative region;
[d] Coordinate
with local government units; and
[e] Perform
such other functions as may be provided by law.
Sec. 32. Authority Offices in Other Countries. —
The Authority may also have such offices and representatives in other
countries in places where its presence is considered necessary, subject
to the approval of the President for each of them.
Sec. 33. Attached Agencies. — The following
agencies shall be attached to the Authority:
[a]
Philippine National Science Society, [formerly National Research
Council of the Philippines], in connection with Sec. 35 [b] hereof;
[b] National
Academy of Science and Technology; and
[c] Philippine
Science High School.
Sec. 34. Transfer of Agencies to the Authority. —
The following agencies are hereby transferred as follows:
[a]
The Metals Industry Research and Development Center from the Ministry
of Trade and Industry, to the Authority, as a separate unit and
attached thereto; provided, however, it is subject to a memorandum of
agreement which defines: the relationship between the Ministry of Trade
and Industry and the Metals Industry Research and Development Center
and the manner by which equipment and resources are accessed. The
investment and trade promotion aspects are recognized to be functions
of the Ministry of Trade and Industry in cooperation with the National
Science and Technology Authority.
[b] The
Philippine Textile Research Institute from the Ministry of Trade and
Industry, to the Authority as a separate unit and attached thereto;
provided, however, it is subject to a memorandum of agreement which
defines: the relationship between the Ministry of Trade and Industry
and the Philippine Textile Research Institute and the manner by which
equipment and resources are accessed. The investment and trade
promotion aspects are recognized to be functions of the Ministry of
Trade and Industry in cooperation with the National Science and
Technology Authority.
Subsections [a], and [b] shall
be in accordance with Sec. 36 [e].
Sec. 35. Abolition of Agencies. — The following
agencies are hereby abolished:
[a]
Philippine Council for Agriculture and Resources Research and
Development; provided that its appropriations, funds, records,
equipment, facilities, choses in actions, rights, other assets and
personnel as may be necessary shall be transferred to the Philippine
Council for Agriculture and Forestry Research and Development; its
liabilities, if any, shall be treated in accordance with the Government
Auditing Code and other pertinent laws, rules and regulations; its
personnel shall, in a hold-over capacity, continue to perform their
duties and responsibilities and receive the corresponding salaries and
benefits unless in the meantime they are separated from the service
pursuant to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution; its personnel, whose positions are not included in the
Authority’s new position structure and staffing pattern approved and
prescribed by the Director-General under Sec. 37 hereof or who are
not reappointed, shall be deemed separated from the service and shall
be entitled to the benefits provided in the second paragraph of the
same Sec. 37;
[b] National
Research Council of the Philippines; provided that what is being
abolished herein is the Council as created under Executive Order No.
784;
[c] Philippine
Invention Development Institute; provided that its appropriations,
funds, records, equipment, facilities, choses in action, rights, other
assets, personnel as may be necessary and liabilities, if any, shall be
transferred to the Technology Application and Promotion Institute
(TAPI) in accordance with the provisions of the foregoing Subsection
[a];
[d] Science
Promotion Institute; provided, that its appropriations, funds, records,
equipment, facilities, choses in action, rights, other assets,
personnel as may be necessary and liabilities, if any, shall be
transferred to the Science and Technology Information Institute (STII)
and the Science Education Institute (SEI) in accordance with the
provision of the foregoing Subsection [a];
[e] National
Institute of Science and Technology; provided, that its appropriations,
funds, records, equipment, facilities, choses in action, rights, other
assets, personnel as may be necessary and liabilities, if any, shall be
transferred to the Industrial Technology Development Institute in
accordance with the provisions of the foregoing Subsection [a];
[f] Materials
Science Research Institute; provided, that its appropriations, funds,
records, equipment, facilities, choses in action, rights, other assets,
personnel as may be necessary and liabilities, if any, shall be
transferred to the Industrial Technology Development Institute in
accordance with the provisions of the foregoing Subsection [a];
[g] Special
Projects Service; provided, that its appropriations, funds, records,
equipments, facilities, choses in action, rights, other assets,
personnel as may be necessary and liabilities, if any, shall be
transferred to the Planning and Evaluation Service in accordance with
the provision of the foregoing Subsection [a].
The abolitions under Subsections
[b], [c], [d] and [g] shall be in accordance with Sec. 36 [d]
hereof.
Sec. 36. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order:
[a]
The transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, choses in
action, rights, other assets and liabilities, if any, of the
transferred unit as well as the personnel thereof, as may be necessary,
who shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution. Those personnel of the transferred
unit whose positions are not included in the new position structure and
staffing pattern approved and prescribed by the Director-General or who
are not reappointed shall be deemed separated from the service and
shall be entitled to the benefits provided in the second paragraph of
Sec. 37 hereof;
[b] The
transfer of functions which results in the abolition of the government
unit that has exercised them shall include the appropriations, funds,
records, equipment, facilities, choses in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations
and funds, if any, shall revert to the General Fund and its remaining
assets, if any, shall be allocated to such appropriate units as the
Director-General shall determine or shall otherwise be disposed in
accordance with the Auditing Code and other pertinent laws, rules and
regulations. Its liabilities, if any, shall likewise be treated in
accordance with the Auditing Code and other pertinent laws, rules and
regulations. Its personnel shall, in a hold-over capacity, continue to
perform their duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
the service pursuant to Executive Order No. 17 (1986) or Article III of
the Freedom Constitution. Its personnel, whose positions are not
included in the Authority’s new position structure and staffing pattern
approved and prescribed by the Director-General under Sec. 37 hereof
or who are not reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph
of the same Sec. 37.
[c] The
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, choses in
action, rights, other assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities, if any,
that may have been incurred in connection with the discharge of the
transferred functions, shall be treated in accordance with the Auditing
Code and other pertinent laws, rules and regulations. Such personnel
shall, in a hold-over capacity, continue to perform their respective
duties and responsibilities and receive the corresponding salaries and
benefits unless in the meantime they are separated from the service
pursuant to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Any personnel, whose position is not included in the new
position structure and staffing pattern approved and prescribed by the
Director-General under Sec. 37 hereof or who has not been
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph of the same
Sec. 37.
[d] In case of
the abolition of a government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds
of the abolished unit shall revert to the General Fund, while the
records, equipment, facilities, choses in action, rights, and other
assets, thereof shall be allocated to such appropriate units as the
Director-General shall determine. The liabilities of the abolished unit
shall be treated in accordance with the Auditing Code and other
pertinent laws, rules and regulations, while the personnel thereof,
whose position is not included in the Authority’s new position
structure and staffing pattern approved and prescribed by the
Director-General under Sec. 37 hereof or who has not been
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph of the same
Sec. 37.
[e] In case of
merger or consolidation of government units, the new or surviving unit
shall exercise the functions (subject to the reorganization herein
prescribed and the laws, rules and regulations pertinent to the
exercise of such functions) and shall acquire the appropriations,
funds, records, equipment, facilities, choses in action, rights, other
assets, liabilities if any, and personnel, as may be necessary, of [1]
the units that compose the merged unit or [2] the absorbed unit, as the
case may be. Such personnel shall, in a hold-over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Any such personnel, whose
position is not included in the Authority’s new position structure and
staffing pattern approved and prescribed by the Director-General under
Sec. 37 hereof or who is not reappointed, shall be deemed separated
from the service and shall be entitled to the benefits provided in the
second paragraph of the same Sec. 37.
[f] In case of
termination of a function which does not result in the abolition of the
government unit which has performed such function, the appropriations
and funds intended to finance the discharge of such function shall
revert to the General Fund, while the records, equipment, facilities,
choses in action, rights and other assets used in connection with the
discharge of such function shall be allocated to the appropriate units
as the Director-General shall determine or shall otherwise be disposed
in accordance with the Government Auditing Code and other pertinent
laws, rules and regulations. The liabilities, if any, that may have
been incurred in correction with the discharge of such function shall
likewise be treated in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations. The personnel who have
performed such function, whose positions are not included in the new
position structure and staffing pattern approved and prescribed by the
Director-General under Sec. 37 hereof or who have not been
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph or the same
Sec. 37.
Sec. 37. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
National Science and Technology Authority shall, in a hold-over
capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service
pursuant to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution.
The new position structure and staffing pattern of the Authority shall
be approved and prescribed by the Director-General within one hundred
twenty (120) days from the approval of this Executive Order and the
authorized positions created thereunder shall be filled with regular
appointments by him or by the President, as the case may be. Those
incumbents whose positions are not included therein or who are not
reappointed shall be deemed separated from the service. Those separated
from the service shall receive the retirement benefits to which they
may be entitled under existing laws, rules and regulations. Otherwise,
they shall be paid the equivalent of one-month basic salary for every
year of service, or fraction thereof, computed on the basis of the
highest salary received, but in no case shall such payment exceed the
equivalent of 12 months salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee affected under this Executive Order.
Sec. 38. Periodic Performance Evaluation. — The
Director-General is hereby required to formulate and enforce a system
of measuring and evaluating periodically and objectively the
performance of the Authority and submit the same annually to the
President.
Sec. 39. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational
change.
Sec. 40. Change of Nomenclature. — In the event of
the adoption of a new Constitution which provides for a presidential
form of government, the Authority shall be called Department of Science
and Technology and the titles of Director-General, Deputy
Director-General, and Assistant Director-General shall be changed to
Secretary, Undersecretary and Assistant Secretary, respectively.
Sec. 41. Prohibition Against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President for the purpose of promoting efficiency
and effectiveness in the delivery of public services.
Sec. 42. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Authority.
Sec. 43. Implementing Authority of
Director-General. — The Director-General shall issue such rules,
regulations and other issuances as may be necessary to ensure the
effective implementation of the provisions of this Executive Order.
Sec. 44. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 45. Repealing Clause. — All laws, ordinances,
rules and regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 46. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eighty-seven.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.