EXECUTIVE ORDER NO. 132
EXECUTIVE ORDER NO. 132 -
REORGANIZING THE DEPARTMENT OF FOREIGN AFFAIRS
WHEREAS,
under Article II, Section 1, of the Provisional Constitution, as
adopted in Proclamation No. 3 dated March 25, 1986, the President shall
give priority to measures to achieve the mandate of the people to
completely reorganize the government;
WHEREAS, Article XVIII, Section 16, of the 1987 Constitution recognizes
that the reorganization of the government shall be continued even after
the ratification of the Constitution;
WHEREAS, under Article XVIII, Sec. 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the First
Congress is convened;
WHEREAS, the reorganization of the Department of Foreign Affairs must
be undertaken in the context and furtherance of a unified government
approach to foreign affairs, characterized by institutionalized,
regular, and systematic coordination among all the departments
involved, as well as by coherent planning and efficient implementation
of the nation’s foreign policy objectives:
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby
order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Department of
Foreign Affairs.
Sec. 2. Reorganization. — The Department of
Foreign Affairs, hereinafter referred to as Department, is hereby
reorganized, structurally and functionally, in accordance with the
provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It is the policy
of the State to pursue an independent foreign policy in order to more
resolutely design and harness its foreign relations in the active
pursuit of rapid national recovery and sustained long-term growth and
development, within the framework of national sovereignty, security,
territorial integrity, national interest, right to self-determination
and commitment to international peace.
Sec. 4. Mandate. — The Department shall advise and
assist the President in planning, organizing, directing, coordinating,
integrating and evaluating the total national effort in the field of
foreign relations.
Sec. 5. Powers and Functions. — To carry out its
mandate and accomplish its mission, the Department shall undertake the
following functions:
(a)
Conduct the country’s foreign relations in accordance with the policies
laid down by the President;
(b) Maintain
and develop the country’s representation with foreign governments;
(c) Conduct
Philippine representation in the United Nations, the Association of
Southeast Asian Nations (ASEAN), and other international and regional
organizations;
(d) Serve as
the channel for matters involving foreign relations, including official
communications to and from the Republic of the Philippines;
(e) Negotiate
treaties and other agreements pursuant to instructions of the
President, and in coordination, when necessary, with other government
agencies;
(f) In
cooperation with other government agencies and the private sector,
promote trade, investments, tourism, and other economic relations with
other countries;
(g) Foster
cultural relations with other countries and protect and enhance the
Philippines image abroad;
(h) In
cooperation with other government agencies, undertake efforts to inform
the international community about the Philippines;
(i) Protect
and assist the Philippine nationals abroad;
(j) Carry out
legal documentation functions as provided for by laws and regulations;
(k) Monitor
and analyze events in other countries and report them, as appropriate,
to the President and other government agencies;
(l) In
cooperation with other government agencies, initiate, formulate,
integrate, and submit to the President short-, medium-, and long-range
foreign policy plans and programs;
(m) Supervise
and direct all officials and employees assigned by the Department and
other government agencies to Foreign Service establishments abroad in
accordance with the pertinent laws, rules and inter-agency
agreements;
(n) Recruit,
maintain and develop a professional career foreign service based on
merit.
Sec. 6. Secretary of Foreign Affairs. — The
authority and responsibility of the Department for the discharge of its
powers and functions shall be vested in the Secretary of Foreign
Affairs, hereinafter referred to as Secretary, who shall be appointed
by the President and shall have supervision and control over the
Department and the Foreign Service.
The Secretary may designate as Special Advisers such Chiefs of Mission
on home assignment on specific areas of their expertise as may be
required by the exigencies of the service. The Secretary may also
create such advisory boards and committees as he may deem necessary to
assist and provide him with advice in the formulation of substantive
policies, and such other bodies required by existing laws, rules and
regulations.
Sec. 7. Functions of Secretary. — The Secretary
shall have the following functions:
(a)
Act as the primary and principal adviser of the President in the field
of foreign relations;
(b) Advise the
President on the promulgation of executive orders, rules and
regulations, proclamation and other issuances relative to matters under
the jurisdiction of the Department;
(c) Establish
policies and standards for the efficient and effective operation of the
Department in accordance with the programs and projects;
(d) Promulgate
rules and regulations necessary to carry out the Department’s
objectives, policies, plans, programs and projects;
(e) Exercise
supervision and control over all functions and activities of the
Department;
(f) Supervise
all attached agencies and corporations in accordance with law;
(g) Delegate
authority for the performance of any function to officers and employees
of the Department;
(h) Perform
other functions as may be provided by law or appropriately assigned by
the President.
Sec. 8. Organizational Structure. — The Department
shall have the following organizational units:
(a)
Department Proper:
1.
Office of the Secretary, including his immediate staff, the Office of
the Legal Adviser, the Office of Coordination, Inspection and Policy
Planning, the Office of Data Banking and Communication, the Office of
Protocol, State and Official Visits, the Office of Intelligence and
Security, and the Office of International Economic Relations. In
addition, the following shall be directly under the supervision of the
Secretary;
(i)
Foreign Service Institute
(ii) UNESCO
National Commission of the Philippines
(iii)
Technical Assistance Council
(2)
Offices of the Undersecretaries, including their respective immediate
staffs;
(3) Offices of
the Assistant Secretaries, including their respective immediate staffs;
(b)
General Support Staff :
1.
Cultural Affairs and Public Information Service;
2.
Administrative Service;
(c)
Home Offices:
1.
Office of Asian and Pacific Affairs;
2. Office of
Middle East and African Affairs;
3. Office of
American Affairs;
4. Office of
European Affairs;
5. Office of
ASEAN Affairs;
6. Office of
United Nations and International Organizations;
(d)
Operations and Foreign Service Units:
1.
Secretariat on Foreign Policy Implementation;
2. Office of
Consular Affairs;
3. Philippine
Embassies, Consulates, Legations and Permanent Missions.
Sec. 9. Undersecretaries. — The Secretary may be
assisted by three (3) Undersecretaries, who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary shall
determine and assign the functional area of responsibility of each
Undersecretary.
Sec. 10. Functions of Undersecretary. — Within his
area of responsibility, an Undersecretary shall have the following
functions:
(a)
Advise the Secretary on the promulgation of Department orders,
administrative orders and other issuances;
(b) Exercise
supervision and control over the units and personnel under his
responsibility;
(c) Promulgate
rules and regulations, consistent with Department policies, that will
effectively implement the activities of units and personnel under his
responsibility;
(d) Coordinate
the functions and activities of units and personnel under the
responsibility with those of units and personnel under the
responsibility of the other Undersecretaries;
(e) Exercise
delegated authority on substantive and administrative matters related
to the functions and activities of units and personnel under his
responsibility, to the extent granted by the Secretary through
administrative issuances;
(f) Perform
other functions as may be provided by law or appropriately assigned by
the Secretary.
Sec. 11. Assistant Secretaries. — The Secretary
shall also be assisted by six (6) Assistant Secretaries who shall be
appointed by the President upon recommendation of the Secretary. The
Secretary shall delineate the respective area of responsibility of each
Assistant Secretary.
Sec. 12. Office of the Legal Adviser. — There is
hereby created an Office of Legal Adviser. It shall be headed by a
Legal Adviser who shall provide legal advice and services to the
Department, including legal counselling services in the negotiation of
treaties and international agreements.
Sec. 13. Office of Coordination, Inspection and
Policy Planning. — The Office of Coordination, Inspection and Policy
Planning is hereby created and shall provide staff support to the
Secretary and assist the Department in establishing a specialized
competence on foreign policy planning and review and treaty development
and evaluation. It shall, in connection therewith, assemble or assist
in assembling the necessary inter-agency bodies, and in all instances,
coordinate its activities with the relevant government agencies. For
such purposes, it shall have the following
functions:
(a)
Assist the Secretary on all matters regarding foreign policy planning
and studies;
(b) Provide,
or participate in, the secretariat functions for Cabinet and Department
level Committees dealing on foreign policies;
(c) Lead or
participate in inter-agency sub-committees dealing on foreign policy
matters;
(d) Undertake
Department-wide integration, rationalization, and evaluation of
political, diplomatic, and security plans and programs including
current and prospective Department-initiated foreign treaties and
agreements;
(e) Initiate
and maintain, or assist in maintaining, the integration and
rationalization of economic, trade, finance, scientific and tourism
plans and programs including current and prospective treaties and
agreements, with political, diplomatic, legal, and security plans and
programs;
(f) In
coordination with the National Economic and Development Authority
(NEDA), provide the secretariat for an inter-agency Annual National
Foreign Policy Planning Conference that shall initially generate
recommendations on the long-term, five-year, and annual Foreign Policy
Plans and Country Programs, and update them annually;
(g) Conduct an
annual Department-wide Planning and Program Evaluation Conference to
assess plan implementation and formulate or reformulate Department
plans and programs accordingly and synchronize them with national
foreign policy plans and programs;
(h) Undertake
policy and strategic studies relevant to its functions;
(i) Initiate,
coordinate and integrate the planning of foreign policy;
(j) Perform
other related functions as may be assigned by the Secretary.
Sec. 14. Office of Data Banking and Communication.
— The Office of Data Banking and Communication is hereby created to
establish and maintain the most modern data center feasible in the
Department. For such purpose, it shall have the following
functions:
(a)
Assist the Secretary on all matters regarding data banking and
information retrieval;
(b) Establish,
maintain and develop a computerized foreign-relations data bank that
shall continuously seek to be the most complete repository of all data
and information on Philippine foreign relations and foreign
developments;
(c) Establish,
maintain and develop both the domestic and foreign service
communications system including efficient flow systems for all
correspondence between and among all Department units;
(d) Establish,
maintain and develop the records system of the entire
Department;
(e) Provide
technical assistance, whenever requested, to any service, office, or
attached agency of the Department, on matters within its competence;
(g) Perform
other related functions as may be assigned by the Secretary.
Sec. 15. Office of Protocol, State and Official
Visits. — The Office of Protocol, State and Official Visits shall
coordinate preparations for state visits, the reception of the heads of
State and of Governments, and of the highest foreign dignitaries,
visiting the Philippines, including official visits of the Philippine
officials abroad, as may be determined by the President. It shall also
be responsible for handling all activities of the Department concerning
protocol, ceremonials and socials; the proper observance and
enforcement of all formalities, countries, facilities, immunities and
privileges required by the Vienna Convention on Diplomatic Relations
and Consular Relations, and other applicable conventions and
agreements.
Sec. 16. Office of Intelligence and Security. —
The Office of Intelligence and Security shall adopt as system of
information gathering and analysis, liaison with the intelligence
community and provide security services in the Department. It shall
likewise undertake enforcement and monitoring of security procedures in
the Department and Foreign Service establishments.
Sec. 17. Office of International Economic
Relations. — The Office of International Economic Relations shall be
responsible for conducting the programs and activities of the
Department in the fields of international trade, finance and economics;
coordinate with the regional offices and the Office of United Nations
and International Organizations; and in coordination with the
Department of Trade and Industry, conduct trade and investment
promotion activities of the Department.
The Board of Overseas Economic Promotion is hereby abolished, and its
functions and duties transferred to the Office of International
Economic Relations.
Sec. 18. Foreign Service Institute. — The Foreign
Institute shall continue to operate under its charter, but shall be
revitalized as the training, research, and career development arm of
the Department, in accordance with such rules as may be prescribed by
the Secretary. The Institute shall be an integral participant in the
planning review process in the Department.
Sec. 19. UNESCO National Commission of the
Philippines. — The UNESCO National Commission of the Philippines shall
advise the Philippine delegation to the United Nations Educational,
Scientific and Cultural Organization (UNESCO) conference, and the
Philippine Government, in matters relating to the UNESCO and shall
function as a liaison agency in all matters of interest to
it.
Sec. 20. Technical Assistance Council. — The
Technical Assistance Council shall continue to perform its present
functions including the conduct and expansion of its programs.
Sec. 21. Board of Foreign Service Administration.
— The Board of Foreign Service Administration shall be attached to the
Office of one Undersecretary and shall be composed of the
Undersecretary as Chairman, and all the Assistant Secretaries, as
members.
The Board shall be responsible for considering and recommending
policies for the efficient and economical discharge of the
administrative operations of the Department and the Foreign Service. It
shall also consider and submit recommendations on policy and other
important matters concerning personnel, including the appointment,
assignment, and promotion of all Foreign Service Staff Employees,
Foreign Service Staff Officers as well as to recommend, through the
Secretary, to the President the appointment and promotion of Foreign
Service Officers, Counsellors and Chiefs of Missions. It shall likewise
act and submit recommendations on administrative cases involving
personnel of the Department and the Foreign Service.
Sec. 22. Law of the Sea Secretariat. — The Law of
the Sea Secretariat is hereby transferred to the Department as an ad
hoc body under the Office of one Undersecretary and shall continue to
discharge its functions.
Sec. 23. Cultural Affairs and Public Information
Services. — The Cultural Affairs and Public Information Services is
hereby created and shall initiate, coordinate, integrate, rationalize,
monitor, report and evaluate cultural plans, programs and projects. It
shall likewise be responsible for the Department’s relations with local
and foreign media and pertinent institutions, as well as the regular
dissemination of relevant information to all foreign service
establishments.
Sec. 24. Administrative Service. — The
Administrative Service is hereby created and shall provide the
Department with services relating to personnel, facilities maintenance,
medical and dental, and property and procurement, budget and finance,
and accounting. For such purposes, it shall have the following
functions:
(a)
Advise the Secretary or Undersecretary concerned regarding
administrative and financial matters;
(b) Develop
and supervise the implementation of an integrated personnel plan that
shall include career promotion, performance evaluation, job rotation,
health and welfare services and personnel management;
(c) Develop
and maintain an efficient and effective property procurement,
maintenance and security system; establish a Department-wide asset
control system;
(d) Undertake
the budgeting, finance and accounting functions of the Department and
develop efficient system and procedures in this regard;
(e) Perform
other related functions as may assigned by the Secretary.
The Administrative Service shall
have the following constituent offices:
(a)
Office of Personnel Management;
(b) Office of
Budget and Finance;
(c) Office of
Property and Asset Control.
Sec. 25. Home Offices. — The Home Offices
enumerated under Sec. 3 (c) hereof shall have the following
functions:
(a)
Assist the Secretary or appropriate Undersecretary through the Assist
Secretary concerned on all matters relating to specific countries and
international organizations under their respective territorial or
sectoral jurisdictions provided herein below;
(b) Monitor
the activities and operations of the Philippine foreign service units
in the countries or sectors under their respective territorial or
sectoral jurisdictions provided herein below;
(c) Apprise
the Philippine foreign service units under their respective
jurisdiction of foreign policy developments in the Philippines
including the creation or establishment of foreign relations-related
entities and services, particularly those that will be based or shall
have branches abroad;
(d) Evaluate
specific issues transmitted by their respective foreign service units
and recommend appropriate responses to them;
(e) Generate,
on a regular basis, country briefs and reports on international
organizations within their respective jurisdictions;
(f) Lead or
assist in the formulation of Philippine positions on bilateral or
multilateral treaties or agreements with countries or international
organizations under their respective jurisdictions and lead or assist
in the actual negotiation process;
(g) Perform
other related functions as may be assigned by the Secretary.
The
territorial or sectoral jurisdictions of the respective Home Offices
shall be as follows:
(1)
Office of Asian and Pacific Affairs: Japan and the Northeast Asian
Countries, China, the Central Asia countries, the Southeast Asian and
Pacific countries;
(2) Office of
Middle East and African Affairs: the Gulf States, the Middle Eastern
and North African countries, the Western African States and the Eastern
African countries;
(3) Office of
American Affairs: United States, Canada, the Central American and
Caribbean countries, and the South American States;
(4) Office of
European Affairs: Union of Soviet Socialist Republics, the Western
European countries and the Central European countries;
(5) Office of
ASEAN Affairs: ASEAN Agriculture and Transport, Trade and Finance,
Social and Cultural, Industry and Technology;
(6) Office of
United Nations and International Organizations: United Nations, United
Nations specialized agencies, and international organizations.
Sec. 26. Secretariat on Foreign Policy
Implementation. — The Secretariat on Foreign Policy Implementation is
hereby created as the central body to assist, coordinate, and monitor
the organization of inter-agency missions negotiating foreign policies
and agreements here and abroad. For such purposes, it shall have the
following functions:
(a)
Provide liaison services between government agencies and Department
units, including units under the various Cabinet committees and
subcommittees, and initiating foreign and international entities;
provide liaison service on proposed or planned transactions involving
Philippine foreign policy and relations;
(b) Coordinate
inter-agency efforts in the formation, launching, and provision of
needed support for Department or inter-agency negotiating missions
abroad tasked with implementing specific Philippine foreign policies,
exclusive of those implemented by regular Philippine foreign service
units;
(c) Monitor
the progress of international negotiations and activities of Philippine
missions here and abroad and submit progress reports to the President
through the Secretary;
(d) Perform
other related functions as may be assigned by the Secretary.
The Secretariat shall be composed of a core staff of Department career
personnel but shall be augmented by personnel detailed from other
concerned agencies.
Sec. 27. Office of Consular Affairs. — The Office
of Consular Affairs, presently existing, is hereby retained. It shall
be responsible for the efficient and effective discharge of passport,
visa, and authentication services as well as the provision of requisite
assistance to Filipino citizens both here and abroad.
Sec. 28. The Foreign Service. — All Philippine
embassies, consulates, legations and permanent missions, presently
existing, shall continue with their present functions subject to the
provision herein below.
The Secretary is hereby ordered to conduct a study and submit to the
President within one hundred twenty (120) days from the approval of
this Executive Order the following:
(a)
A reclassification of diplomatic and consular establishments using,
among others, the following criteria of national interest:
economic-trade interests, number of Filipino resident nationals,
geopolitical significance of the post and historical-cultural
considerations;
(b) A
reshuffling plan for foreign service personnel strictly adhering to the
policy of placing personnel in posts where he or she has had the best
preparation or training for and in accordance with the standing policy
on rotation of assignments such that no personnel shall remain at one
post for an unreasonably extended period;
(c)
Recommendation on the consolidation of diplomatic and consular posts
and the creation of others in accordance with the policy expressed in
Sec. 3 hereof;
(d) Measures
to realize the efficient and effective supervision and control by the
Department of foreign service posts and establishments therein of other
departments and agencies;
Sec. 29. Attached Agencies. — The following shall
be complied with:
(a)
The Office of International Affairs is hereby attached to the
Department but shall continue to serve as the permanent secretariat for
the Cabinet’s Foreign Policy Council and the Committee on Foreign
Relations;
(b) The Board
of Foreign Service Examiners, shall continue to be attached to the
Department: Provided, That the membership of the Board shall be
reconstituted to be composed of the Assistant Secretary in charge of
the Administrative Service as chairman and a Commissioner of the Civil
Service Commission designated by the Chairman of said Commission and
the Director of the Foreign Service Institute as
members.
Sec. 30. Transitory Provision. — 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: Provided, That those personnel of the
transferred unit whose positions are not included in the Department’s
new position structure and staffing pattern approved and prescribed by
the Secretary or who are not reappointed shall be deemed separated from
the service and shall be entitled to the benefits provided under the
second paragraph of Sec. 31 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
Secretary shall determine or shall otherwise be disposed 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: Provided, That its personnel, whose positions
are not included in the Department’s new position structure and
staffing pattern approved prescribed by the Secretary under Sec. 31
hereof or who are not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided under the second
paragraph of the same Sec. 31.
(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
Government Auditing Code and other pertinent laws, rules and
regulations. Its personnel shall, in a hold-over capacity continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits: Provided, That any personnel,
whose position is not included in the Department’s new position
structure and staffing pattern approved and prescribed by the Secretary
under Sec. 31 hereof or who has not been reappointed, shall be
deemed separated from the service and shall be entitled to the benefits
provided under the second paragraph of the same Sec. 31.
(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
Secretary shall determine. The liabilities of the abolished unit shall
be treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations, while the personnel thereof,
whose positions are not included in the Department’s new position
structure and staffing pattern approved and prescribed by the Secretary
under Sec. 31 hereof or who have not been reappointed, shall be
deemed separated from the service and shall be entitled to the benefits
provided under the second paragraph of the same Sec. 31.
(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: Provided, That any such personnel,
whose position is not included in the new position structure and
staffing pattern approved and prescribed by the Secretary under Sec. 31 hereof or who is not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided under the second
paragraph of the same Sec. 31.
(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 and 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 Secretary 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 connection 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 functions, whose position are not included in the
Department’s new position structure and staffing pattern approved and
prescribed by the Secretary under Sec. 31 hereof or who have not
been reappointed, shall be deemed separated from the service and shall
be entitled to the benefits provided under the second paragraph of the
same Sec. 31.
Sec. 31. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Department shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits.
The new position structure and staffing pattern of the Department shall
be approved and prescribed by the Secretary 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
twelve (12) months salary.
Sec. 32. Periodic Performance Evaluation. — The
Secretary is hereby required to formulated and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Department and submit the same annually to the
President.
Sec. 33. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
materiality as to prejudice third persons with rights reorganized 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. 34. 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. 35. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Department.
Sec. 36. Implementing Authority of Secretary. —
The Secretary shall issue such rules, regulations and other issuances
as may be necessary to ensure the efficient and effective
implementation of the provisions of this Executive Order.
Sec. 37. 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. 38. Repealing clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 39. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 27th day of February, in the Year of Our Lord,
Nineteen Hundred and Eighty-Seven.
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