EXECUTIVE ORDER NO. 230
EXECUTIVE ORDER NO. 230 -
REORGANIZING THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY
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, it is necessary to reorganize the National Economic and
Development Authority to enhance its ability to coordinate the
development planning and policy formulation process, in order to
achieve the objectives of sustainable economic growth coupled with an
equitable distribution or income and wealth;
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 Constitution, do hereby order:
Section 1. Title. — This Executive Order shall be
known as the Reorganization Act of the National Economic and
Development Authority.
Sec. 2. Reorganization. — The National Economic
and Development Authority, hereinafter referred to as the Authority, is
hereby reorganized, structurally and functionally, in accordance with
the provisions of this Executive Order.
Sec. 3. Composition of the Authority. — The
Authority shall be composed of two separate and distinct entities the:
Board and the Secretariat.
Sec. 4. Composition of the NEDA Board. — The NEDA
Board shall be composed of the following:
The
President
Chairman
Director-General of the NEDA
Secretariat Vice-Chairman
Executive
Secretary
Member
Secretary of Finance
Member
Secretary of Trade &
Industry
Member
Secretary of Agriculture Member
Secretary of Environment &
Natural
Resources
Member
Secretary of Public Works
and Highways
Member
Secretary of Budget and
Management Member
Secretary of Labor &
Employment
Member
Secretary of Local
Government
Member
The President may, however, revise the membership of the NEDA Board
whenever the same is deemed necessary for the effective performance of
the Board’s functions thru an administrative or memorandum order.
The NEDA Board shall meet at least once a month or as frequently as is
necessary to discharge its responsibilities as called for by the
President. In cases where the President is unable to attend a meeting,
the Director-General of the NEDA Secretariat may preside as Chairman,
in the absence of any Presidential preference.
The President however continues to have the power to designate from
among the members of the NEDA Board the Chairman that can appropriately
represent the President, to preside over specific meetings.
Sec. 5. Powers and Functions of the Authority. —
The powers and functions of the Authority reside in the NEDA Board.
The Authority shall primarily be responsible for formulating
continuing, coordinated and fully integrated social and economic
policies, plans and programs, on the basis of the following:
(a)
The State aims to achieve objectives of growth coupled with equity;
(b)
Development leading to the attainment of the above mentioned goals is a
multi-faceted process that calls for the coordination and integration
of policies, plans, programs and projects of all sectors of society;
(c) In the
formulation of basic policies, plans, programs and projects, there
shall be maximum participation by consultation with concerned private
sector groups, community organizations and beneficiaries and local
government units in order to ensure that priority needs are
incorporated into such policies, plans, programs and projects;
(d) National
plans shall be in fact the sum of nationally and regionally identified
targets and strategies and locally formulated approaches to perceived
local needs and priorities, carried out within the framework of
national strategies;
(e) Major
socio-economic policies, plans, programs and projects of different
government agencies must be properly coordinated with the Authority at
both the national and regional levels prior to their adoption, in order
to ensure their consistency with established national priorities and
coordination with other policies, plans, programs and projects of the
government;
(f) The
linkage between development planning, programming and budgeting shall
be of the highest priority in planning and budgeting activities.
The Authority, after due consultation with the private sector,
community organizations and beneficiaries, local government units and
appropriate public agencies, shall be responsible for coordinating the
formulation of continuing, and integrated socio-economic development
plans, policies and programs including the formulation of annual and
medium-term public investment programs, programming of official
development assistance in the form of grants and concessional loans
from foreign governments and the monitoring and evaluation of plan
implementation.
Sec. 6. National Economic and Development
Authority Inter-agency Committees. — To assist the NEDA Board in the
performance of its functions, there are hereby created the following
committees which shall hereafter be under the control of the NEDA Board
and shall submit all their recommendations to the President for
approval on matters involving their respective concerns. The Chairman
of these committees shall be designated by the President. The NEDA
Board shall likewise determine where the technical staff of the said
committees shall be based.
(a)
Development Budget Coordination Committee (DBCC) — The DBCC to be
composed of the Director-General of the National Economic and
Development Authority Secretariat, the Executive Secretary and the
Secretaries of Finance and of Budget Management shall have the
following functions.
(i)
Recommend for Presidential approval the level of the annual government
expenditure program and the ceiling of government spending for economic
and social development, national defense, general government and debt
service;
(ii) Recommend
to the President the proper allocation of expenditures for each
development activity between current operating expenditures and capital
outlay; and
(iii)
Recommend to the President the amount set to be allocated for capital
outlay under each development activity for the various capital or
infrastructure projects.
(b)
Investment Coordination Committee (ICC) — The ICC to be composed of the
Director-General of the National Economic and Development Authority
Secretariat, the Executive Secretary, the Secretaries of Finance,
Agriculture, Trade and Industry and of Budget and Management and the
Governor of the Central Bank shall have the following functions:
(i)
Evaluate the fiscal, monetary and balance of payments implications of
major national projects and recommend to the President the timetable of
the implementation of these projects on a regular basis; and
(ii) Recommend
to the President a domestic and foreign borrowing program updated each
year, and subsequently submit to the President a status of the fiscal,
monetary and balance of payments implications of major national
projects.
(c)
Committee on Social Development (SDC) — The SDC to be composed of the
Director-General of the National Economic and Development Authority
Secretariat, the Executive Secretary, and the Secretaries of Education,
Culture and Sports, of Labor and Employment, Health, Local Government,
Agrarian Reform, Agriculture and Social Welfare and Development shall
have the following functions:
(i)
Advise the President and the NEDA Board on matters concerning social
development, including education, manpower, health and nutrition,
population and family planning, housing, human settlements and the
delivery of other social services;
(ii)
Coordinate the activities of government agencies concerned with social
development; and
(iii)
Recommend to the President government policies, programs and projects
on social development consistent with national development objectives
and priorities.
(d)
Committee on Infrastructure (INFRACOM) —The INFRACOM to be composed of
the Director-General of the National Economic and Development Authority
Secretariat, the Executive Secretary, and the Secretaries of Public
Works and Highways, Transportation and Communications, Finance, and
Budget and Management shall have the following functions:
(i)
Advise the President and the NEDA Board on matters concerning
infrastructure development including highways, airports, seaports and
shore protection; railways; power generation, transmission and
distribution; telecommunications; irrigation, flood control and
drainage, water supply, national buildings for government offices;
hospitals, sanitation and related buildings; state colleges and
universities, elementary and secondary school buildings; and other
public works;
(ii)
Coordinate the activities of agencies including government-owned or
controlled corporations concerned with infrastructure development; and
(iii)
Recommend to the President government policies programs and projects
concerning infrastructure development consistent with national
development objectives and priorities.
(e)
Committee on Tariff and Related Matters (TRM) — The TRM to be composed
of the Director-General of the National Economic and Development
Authority Secretariat, the Executive Secretary, the Secretaries of
Trade and Industry, Foreign Affairs, Agriculture, Environment and
Natural Resources and of Budget and Management, the Governor of the
Central Bank and the Chairman of the Tariff Commission shall have the
following functions:
(i)
Advise the President and the NEDA Board on tariff and related matters,
and on the effects on the country of various international developments;
(ii)
Coordinate agency positions and recommend national positions for
international economic negotiations;
(iii)
Recommend to the President a continuous rationalization program for the
country’s tariff structure.
Sec. 7. The NEDA Secretariat. — There is hereby
created a Technical Staff which shall have the following powers and
functions:
(a)
Serve as the research and technical support arm of the NEDA Board;
(b) Provide
through its various organizational units, technical staff support and
assistance, including the conduct of studies and development of policy
measures and other recommendations, on the various aspects of the
substantive functions of development planning and policy formulation,
and coordination, evaluation and monitoring of plan implementation.
(c) Serve as
the Secretariat of the NEDA Board;
(d) Perform
such other functions as may be assigned to it by the NEDA Board to
achieve its goals and objectives.
Sec. 8. Director-General. — The NEDA Secretariat
shall be headed by a Director-General who shall be the Vice-Chairman of
the NEDA Board, hereinafter referred to as the Director-General, and
shall be appointed by the President. The Director-General shall carry
the rank and title of Secretary of Socio-Economic Planning and shall be
a member of the Cabinet.
As chief executive officer of the NEDA Secretariat, the
Director-General shall exercise general supervision and control over
its technical and administrative personnel.
Sec. 9. Deputy Directors-General. — The
Director-General shall be assisted by three (3) Deputy
Directors-General to be appointed by the President, one to be
responsible for the National Development, one to be responsible for the
Regional Development Office and one to be responsible for the Central
Support Office.
Sec. 10. Assistant Directors-General. — The
Director-General shall also be assisted by five (5) Assistant
Directors-General to be appointed by the President, who shall be
assigned to assist the Deputy Directors-General in their tasks of
coordinating and supervising their respective Offices.
Sec. 11. Structural Organization. — The NEDA
Secretariat, in addition to the
Offices of the Director-General, Deputy Directors-General and Assistant
Directors-General, shall be composed of the National Development
Office, Regional Development Office, Central Support Office, and the
Regional Offices.
Sec. 12. National Development Office. — The
National Development Office shall provide technical staff support as
may be required by the NEDA Board in coordinating the formulation of
national and sectoral policies, plans and programs; monitor macro
economic and sectoral performances; prepare the necessary economic
reports, conduct economic and development studies on macro-level plans
and policies; and perform such other appropriate planning tasks as may
be assigned by the Director General. It shall be composed of the
following: National Planning and Policy Staff; Agricultural Staff;
Trade, Industry and Utilities Staff; Infrastructure Staff; Social
Development Staff; and Public Investment Staff.
Sec. 13. Regional Development Office. — The
Regional Development Office shall provide technical staff support as
may be required by the implementing agencies in the regions; monitor
regional and inter-regional development policies, plans and programs;
prepare integrated report on regional planning; conduct studies on
regional development policies; and perform such other planning tasks as
may be assigned by the Director-General. It shall be composed of the
following: Regional Development Coordination Staff; Project Monitoring
Staff: and, the Regional Offices.
In each of the administrative regions, there shall be a regional office
which shall be headed by a Regional Director who shall report to the
Deputy Director-General for Regional Development Office. The Regional
Director shall be appointed by the President.
Sec. 14. Central Support Office. — The Central
Support Office shall be responsible for providing technical assistance
and support services to the Secretariat’s organizational units in the
area of development administration, internal management improvement,
legal services, development information, administrative services, and
perform such other support service tasks as may be assigned by the
Director-General. It shall be composed of the following: Management
Staff; Legal Staff; Administrative Staff; Management Information
Systems Staff; and Development Information Staff.
Sec. 15. Retained Agencies. — The following
agencies, currently attached to the Authority, shall continue to be
attached to the Authority for purposes of supervision:
(a)
Philippine Institute for Development Studies;
(b) Philippine
National Volunteer Service Coordinating Agency
(c) Tariff
Commission.
With reference to the following agencies, the Authority shall arrange
for the transfer of their functions to the Regional Development
Councils concerned or other agencies as may be appropriate:
(a)
Kalinga Special Development Region;
(b) Laguna
Lake Development Authority;
(c) Leyte
Sab-a Basin Development Authority.
The National Council for Integrated Area Development (NACIAD) and the
Central Visayas Regional Projects Office (CVRPO) are hereby transferred
to the Authority which shall, within one (1) year from the date of
effectivity of this Executive Order, recommend their transfer to the
appropriate department in conjunction with the Department of Budget and
Management. The Authority shall further review the functions and
activities of all other Integrated Area Development programs and
projects and any other programs requiring multi-sectoral and or
multi-disciplinary approaches in order to recommend the appropriate
disposition and supervision of the same.
The Authority shall furthermore review the mandate, objectives and
functions of all development authorities in order to recommend such
dispositions or revisions of their charters as organic laws, as may be
deemed advisable.
Sec. 16. 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; Provided, That those personnel of the
transferred unit whose positions are not included in the Authority’s
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 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, 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 Government Auditing Code
and other pertinent laws, rules and regulations. Its personnel shall,
in a holdover capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits;
Provided, That 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 Section 17 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 of
the same Section 17.
Sec. 17. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Secretariat 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 shall be prepared 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 the equivalent
nearest fraction thereof favorable to them on the basis of the highest
salary received, but in no case shall such payment exceed the
equivalent of 12 months of salary.
Sec. 18. 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. 19. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Authority.
Sec. 20. Implementing Authority of the
Director-General. — The Director-General 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. 21. 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. 22. 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. 23. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
Approved in the City of Manila,
Philippines, this 22nd day of July, in the Year of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.