EXECUTIVE ORDER NO. 193
EXECUTIVE ORDER NO. 193 - PROVIDING
FOR THE REORGANIZATION OF THE OFFICE OF ENERGY AFFAIRS AND FOR OTHER
PURPOSES
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, 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the First
Congress is convened;
WHEREAS, pursuant to Executive Order No. 20, dated June 19, 1986 for
the administrative supervision of all of the offices, agencies and
corporations attached to the Ministry of Energy, the Office of Energy
Affairs in the Office of the President was created;
WHEREAS, there is a need to reorganize the Office of Energy Affairs for
better administration and formulation of plans and policies for energy
resource development and utilization functions;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Act Providing for the Reorganization of the
Office of Energy Affairs.
Sec. 2. The Office of Energy Affairs. — The Office
of Energy Affairs is hereby reorganized structurally and functionally,
in accordance with the provisions of this Executive Order. The Office
of Energy Affairs shall be under the Office of the President.
Sec. 3. Mandate. — The Office of Energy Affairs,
hereinafter referred to as the Energy Office, shall be primarily
responsible for the formulation, planning, monitoring, implementation
of, and coordination of policies and programs in the field of energy.
The primary function of the Energy Office shall be to ensure a
continuous, adequate and economic supply of energy with the end in view
of ultimately achieving self-reliance in the country’s energy
requirements, through intensive exploration and development of
indigenous energy resources, and through the judicious conservation and
efficient utilization of energy consistent with the country’s
accelerated economic growth objectives.
Sec. 4. Powers and Functions. — The Energy Office
shall have the following powers and functions:
(a)
Formulate policies, consistent with Sec. 3 and pertinent national
guidelines, and coordinate all activities which the government may need
to undertake relative to the exploration, development, marketing,
distribution, storage, and efficient utilization of energy resources
from fossil fuels such as petroleum, coal natural gas and gas liquids,
nuclear-fuel resources, geothermal resources hydroelectric resources,
and existing and potential forms of non-conventional energy resources;
(b) Establish
and administer a comprehensive and integrated program for the
exploration, exploitation, development, extraction, importation,
exportation, transport, marketing, distribution, storage, and efficient
utilization of fossil, nuclear, geothermal, hydroelectric and
non-conventional forms of energy resources;
(c) Encourage
and guide business activities relative to the exploration,
exploitation, development, extraction, importation, exportation,
transport, marketing, distribution and storage of fossil, nuclear,
geothermal, hydroelectric, and non-conventional forms of energy
resources;
(d) Assess,
review and provide direction to, in coordination with concerned
government agencies, energy research and development programs,
including identification of sources of energy and determination of
their commercial feasibility for development;
(e) Formulate
such rules and regulations as may be necessary to implement the
objectives and provisions of this Executive Order;
(f) Perform
other functions as established by law or as ordered by higher
authority; and
(g) Exercise
all powers necessary or incidental to attain the objectives of this
Executive Order.
Sec. 5. Structural Organization. — The Energy
Office shall consist of the following:
(a)
Office of the Executive Director;
(b) Office of
the Deputy Executive Director for Energy Operations;
(c) Office of
the Deputy Executive Director for Energy Staff Services;
(d) Special
Concerns Services; and
(e) Regional
Field Offices.
Sec. 6. Executive Director. — The authority and
responsibility for the exercise of the mandate of the Energy Office and
for the discharge of its powers and functions shall be vested in the
Executive Director who shall have supervision and control of the Energy
Office and shall be appointed by the President. The Executive Director
shall have the following powers and functions:
(a)
Establish policies for the effective, efficient and economical
operations of the Energy Office in accordance with the programs of
government;
(b) Promulgate
rules and regulations necessary to carry out Energy Office objectives,
policies. plans, programs and projects;
(c) Exercise
supervision and control over all functions and activities of the Energy
Office;
(d) Delegate
authority for the performance of any administrative function to the
Deputy Executive Director or other officials of rank at the Energy
Office; and
(e) Perform
such other functions as may be provided by law or assigned by the
President.
Sec. 7. Office of the Executive Director. — The
Office of the Executive Director shall consist of the Executive
Director, the Deputy Executive Directors for Energy Operations and
Energy Staff Services, and their immediate staff.
Sec. 8. Deputy Executive Directors. — The
Executive Director shall be assisted by two (2) Deputy Executive
Directors who shall be appointed by the President upon the
recommendation of the Executive Director. The Deputy; Executive
Directors shall have the following functions:
(a)
Advise the Executive Director on matters relative to the promulgation
of administrative orders and other issuances of the Energy Office;
(b) Recommend
the promulgation of rules and regulations, consistent with the policies
of the Energy Office;
(c) Coordinate
the functions and activities of the units under his authority;
(d) Exercise
delegated authority on substantive and administrative matters to the
extent granted by the Executive Director through administrative
issuances; and
(e) Perform
such other functions as may be provided by law or assigned by the
Executive Director.
Sec. 9. Office of the Deputy Executive Director
for Energy Operations. — The Office of the Deputy Executive Director
for Energy Operations shall consist of the Deputy Executive Director
for Energy Operations and his immediate staff as determined by him; the
Director for Energy Development Services; and the Director for Energy
Utilization and Promotion Services.
(a) Energy Development Services. — The Energy
Development Services shall be responsible for program and project
planning relative to the exploration, exploitation, development and
extraction of energy resources. Energy resources shall mean any
substance by itself or in combination with others, or after processing
or refining or the application to of technology, emanates, generates,
or causes the emanation or generation of energy, such as but not
limited to petroleum or petroleum products coal, marsh gas, methane
gas, geothermal and hydroelectric sources of energy, uranium, and other
similar and radioactive minerals, solar energy, tidal power, as well as
non-conventional existing and potential sources. It shall conduct
energy research and studies and perform consultative training and
advisory services to the practitioners and institutions in the areas of
regulated activity. It shall perform such other functions as may be
provided by law or directed by the President.
(b) Energy Utilization and Promotion Services. — The
Energy Utilization and Promotion Services shall be responsible for
program and project planning for the encouragement and guidance of
business activities relative to importation, exportation, storage,
shipping, transporting, refinement, processing, marketing, and
distribution of energy resources. It shall also exercise such powers
and functions, as appropriate, of the abolished Oil Industry Commission
under Republic Act No. 6173, as amended, which were transferred to the
Ministry of Energy under Section 12 of P.D. No. 1206, as amended. It
shall also be responsible for the promotion and utilization of
non-conventional energy technologies and resources. It shall perform
such other functions as may be provided by law or as directed by the
President.
Sec. 10. Office of the Deputy Executive Director
for Energy Staff Service. — The Office of the Deputy Executive Director
for Energy Staff Services shall consist of the Deputy Executive
Director for Energy Staff Services and his immediate staff as
determined by him; the Director for Financial and Management Services;
the Director for Planning Services; and the Director for Legal Affairs
and Counseling Services.
(a) Financial and Management Services. — The
Financial and Management Services shall be responsible for providing
the Energy Office with services relative to budgetary, financial and
management improvement matters, assuring the integrity of financial
operations and compliance with the requirements of the Commission on
Audit and optimizing internal operating efficiency. It shall also be
responsible for providing the Energy Office with services relating to
personnel, information, records, supplies, collection and
disbursements, security, custodial work and all other administrative
matters.
(b) Planning Services. — The Planning Services shall
be responsible for the providing the Energy Office with services
relating to planning, programming, and project development, including
power development, policies and programs and their priorities as may be
warranted by domestic or international developments. It shall also
review and evaluate energy development programs, including those which
concern the development and utilization of non-conventional forms of
energy resources.
(c) Legal Affairs and Counseling Services. — The
Legal Affairs and Counseling Services shall be responsible for
providing legal advice and services on all policy, program and
operational matters of the Energy Office. It shall also provide legal
counseling services in cases in which the Energy Office is a party. It
shall also handle administrative cases against Energy Office personnel
and submit recommendations pertaining to them.
Sec. 11. Special Concerns Services. — The Special
Concerns Services to be headed by a Director, shall be responsible for
handling priority areas/subjects identified by the Executive Director
which necessitate special and immediate attention.
The Director of the Special Concerns Services shall report to the
Executive Director through the Deputy Executive Director for Energy
Operations.
Sec. 12. Regional Field Offices. — Regional Field
Offices may be established by the Energy Office, subject to the
approval of the President, in Luzon, Visayas and Mindanao as the
Executive Director may determine as necessary to promote operating
efficiency in the delivery of vital frontline service. They shall be
responsible for the energy resource surveys, scanning and investigation
in these areas, and compliance with promulgated rules, standards and
regulations.
The Regional Field Offices shall have, within their respective regions,
the following functions:
(a)
Implement laws, policies, programs, rules and regulations of the Energy
Office;
(b) Coordinate
with other offices and agencies in the region;
(c) Coordinate
with local government units; and
(d) Perform
other functions as may be provided by law or assigned to them by the
Executive Director.
The Regional Field Offices shall initially report to the Executive
Director through the Deputy Executive Director for Energy Operations.
Sec. 13. Delegation of Power by the Executive
Director. — The Executive Director shall have the authority to delegate
such substantive and administrative powers and authorities as may be
necessary to the heads of various offices in the Energy Office.
Sec. 14. Coordinating with Other Energy Agencies.
— The Energy Office shall coordinate with the Philippine National Oil
Company, National Power Corporation and National Electrification
Administration in the exercise of its functions, particularly as these
pertain to the formulation of energy sector policies, plans and
programs.
Sec. 15. Abolitions and Transfers. — The following
organizational changes shall be complied with:
(a)
The Bureau of Energy Development is hereby abolished and its pertinent
functions together with applicable appropriations, records, equipment
and such personnel as may be necessary shall be transferred to the
Office of the Deputy Executive Director for Energy Operations.
(b) The
non-regulatory powers and functions of the Bureau of Energy Utilization
together with applicable appropriations, records, equipment and such
personnel as may be necessary shall be transferred to the Office of the
Deputy Executive Director for Energy Operations.
(c) The
regulatory and adjudicatory powers and functions of the Bureau of
Energy Utilization remain with the Energy Regulatory Board as mandated
by Executive Order No. 172.
(d) The
National Coal Authority, as created by virtue of Presidential Decree
No. 1722, is hereby abolished. Its regulatory powers and functions
together with applicable appropriations, record, equipment and such
personnel as may be necessary shall be transferred to the Energy
Regulatory Board. Its non-regulatory powers and functions together with
applicable appropriations, records, equipment and such personnel as may
be necessary shall be transferred to the appropriate units of the
Energy Office. Its assets and liabilities shall be transferred to the
national government, for disposal by the appropriate body.
(e) The
Watershed Management Unit presently tasked with the implementation of
Presidential Decree No. 1515, as amended, and the Environmental Unit
are hereby abolished. Their powers and functions are transferred to the
Department of Environment and Natural Resources consistent with Sec. 4 of Executive Order No. 192, Provided, That in the interest of
promoting operating efficiency, the Department shall enter into
agreement as appropriate with concerned government agencies which shall
allow the latter to oversee the watershed and environment aspects in
their respective areas of interest such as those where geothermal
operations and water-based projects are conducted.
Sec. 16. Transitory Provisions. — The following
provisions shall be complied with in the abolition, transfers and
mergers or consolidations prescribed under Section 15 hereof.
(a) 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, 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 be allocated to such appropriate units as the
Executive Director shall determine or shall otherwise be disposed of 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 liabilities, if any, shall likewise be treated in
accordance with the Auditing Code and other pertinent laws, rules and
regulations. Its personnel shall, in hold-over capacity, continue to
perform their duties and responsibilities and receive the corresponding
salaries and benefits. Its personnel whose positions are not included
in the Office’s new position structure and staffing pattern approved
and prescribed by the Executive Director under Section 17 hereof or who
are not reappointed, shall be entitled to the benefits provided for in
Section 17 hereof.
(b) 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,
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.
Any such personnel, whose position is not included in the new position
structure and staffing pattern of the Energy Office approved and
prescribed by the Executive Director under Section 17 hereof or who has
not been reappointed, shall be entitled to the benefits provided for in
the same Section 17.
(c) 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,
other assets, liabilities if any, and personnel 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. Any such personnel, whose position
is not included in the new position structure and staffing pattern of
the Energy Office approved and prescribed by the Executive Director
under Section 17 hereof or who is not reappointed, shall be entitled to
the benefits provided in the same Section 17.
Sec. 17. New Structure and Staffing Pattern. —
Upon approval of this Executive Order, the officers and employees of
the Energy Office shall be in a holdover capacity, until such time that
the reorganization of the Office is complete.
The new position structure and staffing pattern of the Energy Office
shall be approved and prescribed by the Executive Director within
ninety (90) days from the approval of this Executive Order and the
authorized positions created thereunder shall be filled with regular
appointments by the Executive Director or the President, as the case
may be. Those separated from the service as a result of this
reorganization 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 continuous satisfactory service, or the equivalent nearest fraction
thereof favorable to them on the basis of highest salary received, but
in no case shall such payment exceed the equivalent of twelve (12)
months salary.
Sec. 18. Periodic Performance Evaluation. — The
Energy Office is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Energy Office and submit the same annually to the President.
Sec. 19. Notice or Consent Requirement. — If any
reorganization change herein authorized is of such substance or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice or consent of creditors; such notice or
consent requirement shall be complied with prior to the implementation
of such reorganization change.
Sec. 20. Prohibition Against Change. — No change
in 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 service.
Sec. 21. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from the existing
appropriations of the Office of Energy Affairs.
Sec. 22. Implementing Authority of Executive
Director. — The Executive Director 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. 23. Applicability Clause. — The applicable
provisions of existing laws, orders or issuances governing the
administration and development of energy resources shall continue to
have full force and effect, except insofar as inconsistent with this
Executive Order.
Sec. 24. Repealing Clause. — All laws, ordinances,
orders, proclamations, rules, regulations, issuances or parts thereof,
which are inconsistent with any of the provisions of this Executive
Order are hereby repealed or modified accordingly.
Sec. 25. Separability. — Any portion or provisions
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. 26. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
eighty-seven.
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