EXECUTIVE ORDER NO. 237
EXECUTIVE ORDER NO. 237 -
REORGANIZING THE CABINET SECRETARIAT AND FOR OTHER PURPOSES
WHEREAS,
the Cabinet is the primary advisory body of the President;
WHEREAS, the Cabinet, in support of the Presidency, serves as a forum
for information exchange and feedback, issue discussion and resolution,
as well as a coordination and integration mechanism;
WHEREAS, the post of Cabinet Secretary with rank and emolument of a
Member of the Cabinet, was created last December 22, 1986, to assist in
maximizing the services of the Cabinet to the President;
WHEREAS, the Cabinet Secretariat was authorized to provide the
technical and administrative support to the Presidential Committee on
Public Ethics and Accountability, created under Administrative Order
No. 25, dated May 15, 1987;
WHEREAS, the Cabinet Secretary was mandated to preside over the
meetings of the Cabinet Assistance System, as reconstituted, under
Memorandum Order No. 96, dated June 2, 1987;
WHEREAS, there is a need to define the powers, functions and structure
of and to provide for the reorganization of the existing Cabinet
Secretariat;
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
otherwise be known as the Act Reorganizing the Cabinet Secretariat.
Sec. 2. Declaration of Policy. — It is hereby
declared the policy of the government to strengthen the Office of the
President structurally and functionally in the provision of technical
support to the Cabinet, the primary advisory council to the
President.
Sec. 3. The Cabinet Secretariat. — There is hereby
created a Cabinet Secretariat as an integral part of the Office of the
President. The Cabinet Secretariat, through a high level support staff,
shall assist the President in the establishment of agenda topics for
the Cabinet deliberations, or facilitate the discussion of Cabinet
meetings.
Sec. 4. Powers and Functions. — To carry out its
mandate, the Cabinet Secretariat shall have the following powers and
functions: assist in providing timely and. organized information to the
Cabinet on issues and problems submitted for decision and action;
provide conference and administrative support services to the Cabinet,
the Cabinet Clusters, the Cabinet Assistance System and other
committees created by the Cabinet; at the instance of the Cabinet,
conduct technical research and special studies on specific policy
issues; maintain an efficient records management system including a
Cabinet Archives and a library; certify Cabinet resolutions that
indicate agreements and actions reached during Cabinet meetings; and
exercise such other functions and powers as may be provided by law or
as directed by the President.
Sec. 5. Structural Organization. — The Cabinet
Secretariat shall be headed by a Cabinet Secretary, assisted by one
Cabinet Undersecretary. The Cabinet Secretary and the Cabinet
Undersecretary, who shall have the rank of a Secretary and
Undersecretary, respectively, shall be appointed by the President.
There shall be two (2) Staffs namely, the Technical Affairs Staff and
the Conference Affairs Staff, each to be headed by a Presidential Staff
Director appointed by the President upon the recommendation of the
Cabinet Secretary.
The Cabinet Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibilities of the two Staffs.
Sec. 6. Personnel. — The Cabinet Secretary shall
ensure that only highly-qualified technical and professional people
will be appointed. To the extent possible, subject to qualification
standards to be prescribed by the Cabinet Secretary, the Cabinet
Secretariat shall draw its personnel from the existing Cabinet
Secretariat in the Office of the President.
Sec. 7. New Structure and Pattern. — Upon approval
of this Executive Order, the Officers and employees of the Cabinet
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 of the Cabinet
Secretariat shall be approved and prescribed by the Cabinet Secretary
within one hundred and 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 (1)
month basic salary for every year of service in the government, 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 twelve (12) months of salary.
Sec. 8. Funding. — All applicable appropriations
and plantilla items of the Cabinet Secretariat in the defunct Office of
the Prime Minister and of the then Cabinet Standing Committee are
hereby transferred to the Cabinet Secretariat.
Sec. 9. Transfer of Records, Assets and Equipment.
— All applicable records, assets and equipment of the Cabinet
Secretariat in the defunct Office of the Prime Minister and of the then
Cabinet Standing Committee are hereby transferred to the Cabinet
Secretariat.
Sec. 10. Assistance to the Cabinet Secretary. —
The Cabinet Secretary may call upon the assistance of any department,
bureau, office, agency, committee, council or any instrumentality of
the government as may be needed.
Sec. 11. 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. 12. Repealing Clause. — All laws, ordinances,
rules, regulations and other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 13. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
DONE in the City of Manila,
this 22nd day of July in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.