EXECUTIVE ORDER NO. 241
EXECUTIVE ORDER NO. 241 - SPOSITION
OF SPECIFIC FUNCTIONS/ROLES, PROGRAMS AND PROJECTS UNDER THE
PRESIDENTIAL MANAGEMENT STAFF
WHEREAS,
by virtue of Executive Order No. 85, the Ministry of Human Settlements
(MHS) has been abolished and the final disposition and/or
organizational alignment of its existing programs and projects,
agencies, corporations and councils have been made subject to
subsequent enactments;
WHEREAS, by virtue of Administrative Order No. 10, a number of
entities, agencies, corporations, programs or projects attached
previously to the MHS have been transferred to the Office of the
Development Management (ODM) Order No. 9;
WHEREAS, by virtue of Executive Order No. 130, the ODM has been
abolished and all its pertinent functions with applicable records,
equipment and personnel have been transferred to the Presidential
Management Staff (PMS);
WHEREAS, by virtue of Memorandum Order No. 85, all the remaining
agencies, corporations, programs, projects and functions/roles of the
defunct Ministry of Human Settlements (MHS) have been transferred to
the PMS;
WHEREAS, a number of specific programs, projects and functions/roles
transferred to and assumed by the PMS have been found to be
inconsistent with the mandate as provided in Executive Order No. 130;
WHEREAS, it is further deemed necessary to transfer these specific
programs, projects and functions/roles to the appropriate agencies to
promote efficiency and maximum coordination in the delivery of public
services;
WHEREAS, it is the avowed policy of the new administration to
streamline government operations;
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. Absorption of Specific PMS Projects in
toto. — The following specific programs and projects of the PMS
together with their functions, assets, funding, personnel, records,
equipment and obligations are hereby absorbed by the herein designated
agencies;
(a)
Land Investment Trust Program (LITP) created under Letter of
Instructions No. 1170, Series of 1981, is hereby transferred to the
Home Insurance Guarantee Corporation (HIGC) of the Housing and Urban
Development Coordinating Council (HUDCC).
(b) Private
Sites and Services Project Office (PSSPO)created under Office Order No.
022, Series of 1981, is hereby transferred to the National Home
Mortgage and Finance Corporation (NHMFC) of the HUDCC.
Sec. 2. Transfer of Specific Roles/Functions of
the PMS. — The specific roles/functions of PMS in the following
programs, projects and entities together with their assets, funding,
personnel, records, equipment and obligations are hereby transferred to
the herein designated agencies:
(a)
Culion Committee created under Letter of Instructions No. 796, Series
of 1979, and the Culion Development Project (CDP) are hereby
transferred to the Palawan Integrated Area Development Project (PIADP)
of the National Council on Integrated Area Development (NACIAD);
(b) National
Artists Awards (NAAWA) created under Presidential Decree No. 208,
Series of 1973, is hereby transferred to the Presidential Commission on
Culture and Arts (PCCA);
(c) ASEAN
Association for Planning and Housing (AAPH) where the Philippine
commitment grant is provided in Letter of Instructions No. 1001. Series
of 1980, is hereby transferred to the International Committee Fund of
the Department of Foreign Affairs (DFA); and
(d) Markets
Infrastructure Development Council (MIDC) created under Executive Order
No. 821, Series of 1982, is hereby transferred to the Department of
Local Government (DLG).
Sec. 3. Implementing Authority of the Transferee
Agencies. — The transferee agencies designated in Section s 1 and 2
above shall issue such rules, regulations, and other issuances as may
be necessary to ensure the effective implementation of this Executive
Order.
Sec. 4. Existing Contracts, Agreements,
Obligations. — All existing legitimate contracts, agreements, and other
obligations entered into or incurred by virtue of the functions/roles,
programs and projects listed in Section s 1 and 2 above, shall continue
to be in force subject to review, insofar as the law may allow, by the
designated transferee agencies.
Sec. 5. Funding. — The transfer of existing fund
allocations of the aforesaid transferred functions/roles, programs and
projects to the transferee agencies shall be in the following schemes:
(a)
Automatic transfer of funds to transferee agencies listed in Section s 1
and 2 which are not government corporations; and,
(b) Fund
allocations to transferee government corporations listed in Section s 1
and 2 shall be determined by the Department of Budget and Management
(DMB).
Sec. 6. Transitory Provision. — Upon approval of
this Executive Order, the officers and employees of entities whose
functions/roles, programs and projects are mentioned in Section s 1 and
2 above 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 government 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 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 month’s salary.
Sec. 7. Separability Clause. — The provisions of
this Executive Order are hereby declared to be separable, and if any
provision or section of this Order or application hereof should, for
any reason, be held invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect other provisions or sections of
this Order.
Sec. 8. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 24th day of July, in the year of Our Lord, Nineteen Hundred and
Eighty-Seven.
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Since 19.07.98.