EXECUTIVE ORDER NO. 245
EXECUTIVE ORDER NO. 245 - LEMENTING
THE CONSOLIDATION OF ALL TOBACCO AGENCIES AND THE CREATION OF THE
NATIONAL TOBACCO ADMINISTRATION, PRESCRIBING ITS CHARTER AND FOR OTHER
PURPOSES
WHEREAS,
under Executive Order No. 116, the various tobacco agencies have been
consolidated with the creation of the National Tobacco Administration
to promote efficiency, economy and effectiveness in government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order:
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the government to promote the development
of the tobacco industry and to improve the quality of life of all those
who depend upon the industry as a source of livelihood, especially the
tobacco farmers.
Sec. 2. Purposes and Objectives. — The National
Tobacco Administration hereinafter referred to as NTA, shall have the
following purposes and objectives:
a.
To improve the economic and living conditions and raise the quality of
life of the tobacco farmers including those who depend upon the
industry for their livelihood; and
b. To promote
the balanced and integrated growth and development of the tobacco
industry to help make agriculture a solid basis for industrialization.
Sec. 3. Powers and Functions of the NTA. —
A.
General Powers. — The NTA shall have the following general powers:
1.
To administer and regulate the tobacco industry in the Philippines;
2. To incur
any obligation or enter into contract with any person, material or
juridical, domestic or foreign, essential to the proper administration
of its affairs and the accomplishment of its purposes and
objectives;
3. To own,
purchase, lease, mortgage, encumber or otherwise dispose of real and
personal property as the attainment of its purposes and objectives may
reasonably permit.
B.
Specific Powers. — The NTA shall have the following specific powers and
functions:
1.
To promulgate and enforce rules and regulations on the production,
standardization, classification, grading and trading of tobacco and
tobacco products as may be necessary to attain its purposes and
objectives and to pursue the policy of government on tobacco;
2. To conduct
agricultural and industrial research and to establish, operate and
maintain experimental stations;
3. To accept
and receive financial and other support from private and other sources
for the development and promotion of the Philippine tobacco industry;
4. To provide
incentives and other financial assistance to tobacco growers and
association thereof, directly in conjunction with accredited financial
institutions;
5. Impose
administrative sanctions for violation of the rules and the regulations
issued by the NTA.
Sec. 4. Governing Body of the NTA. — The NTA shall
be governed by a Board of Directors composed of:
a.
The Secretary of Agriculture, as ex-officio Chairman;
b. The NTA
Administrator, who shall be the Vice-Chairman;
c. A Senior
Official of the Department of Agriculture, duly designated by the
Secretary of Agriculture, as ex-officio member; and
d. Six (6)
other members who shall be appointed by the President of the
Philippines upon recommendation of the Chairman; Provided, That, one
(1) shall come from the tobacco manufacturing sector, one (1) from the
tobacco traders/exporters sector, three (3) from the tobacco farmers
sector and one (1) from the academic community.
Sec. 5. Terms of Office of Members of the Board of
Directors. — Unless sooner removed for cause, the Members of the Board
of Directors shall hold office for a period of two (2) years from the
date of their respective appointments without reappointment; Provided,
that any member appointed to a vacancy shall serve only for the
unexpired term of the member whom he succeeds.
Sec. 6. Powers and Functions of the Board. — The
Board of Directors shall act as the policy-making body of the NTA to
formulate policies, promulgate regulations and prescribe rules in the
exercise of its specific powers and those which are necessary, implied,
incidental or conducive to the attainment of the agency’s purposes and
objectives.
Sec. 7. Meetings of the Board. — The Board shall
convene in a regular meeting once a month and shall hold special
meetings as frequently as necessary. The presence of at least five (5)
members of the Board shall constitute a quorum and the vote of a
majority of those present shall be sufficient to transact business
during any meeting; Provided, That the Chairman or the
Administrator/Vice-Chairman, when acting as Chairman, shall not vote
except in case of a tie.
The Chairman and Members of the Board shall be entitled to per diems
and other allowable emoluments as may be fixed by the Board for every
meeting actually attended subject to existing laws, rules and
regulations; Provided, That the Administrator shall receive only the
remuneration and allowances which shall be provided by the Board for
the Administrator, subject to existing compensation rules and
regulations.
Sec. 8. Administrator and Deputy Administrators. —
The Administrator who shall be appointed by the President of the
Philippines upon recommendation of the Secretary of Agriculture, shall
be the Chief Executive Officer of the NTA. He shall be assisted by at
least two (2) Deputy Administrators who shall be appointed by the
President upon the recommendation of the NTA Administrators.
The Administrator shall have the power to:
a.
Submit policy recommendations and proposed measures necessary to carry
out the purposes, objectives and functions of the NTA for the
consideration of the Board;
b. Recommend
to the Board, for approval, an organizational structure, staffing
pattern, salary structure, and plantilla of personnel of the NTA, in
accordance with existing laws, rules and regulations;
c. Execute,
administer and implement policies and measures approved by the Board;
d. Submit to
the Board, in line with the national budget cycle, an annual budget and
such supplemental budget as may be necessary for its consideration and
approval;
e. Represent
the NTA in all its dealings with other persons, entities, agencies, and
institutions, whether public or private, domestic or foreign, subject
to the limitations and conditions herein provided;
f. Appoint,
subject to the confirmation of the Board, and discipline or remove for
cause in accordance with the Civil Service Law, rules and regulations,
the officers and personnel of the NTA;
g. Perform
such other duties which are purely managerial or routinary in nature
and those which may be assigned to him by the Board or by other
competent authority;
The
Deputy Administrator shall have the following powers and functions:
1.
Assist the Administrator in assuming the responsibilities and in the
exercise of his powers and functions;
2. Discharge
such other responsibilities and functions as may be required by the
Administrator or the Board.
Sec. 9. Funding Sources. — The NTA shall be funded
by combining the individually approved 1987 appropriations of the
merged tobacco agencies. Thereafter, its budget shall be incorporated
in the General Appropriations Act.
In addition, it is hereby ordered that the funds held by the Philippine
Tobacco Board, the Philippine Virginia Tobacco Board, The Philippine
Tobacco Administration, the Philippine Virginia Tobacco Administration,
The Virginia Tobacco Fuelwood Corporation and the Philippine Tobacco
Research and Training Center, including but not limited to return on
investments, revenue from operations, and other sources, shall accrue
and be turned over to the NTA to form part of its Funds.
Sec. 10. Applicability of Civil Service Laws,
Rules and Regulations. — The NTA shall be subject to the Civil Service
Laws, rules and regulations on all matters regarding personnel
administration and management.
Sec. 11. Audit of NTA. — The NTA shall be under
the auditing jurisdiction of the Commission on Audit (COA) and for this
purpose, the Chairman of the COA may assign a Resident Auditor to the
NTA and such other personnel as may be necessary to assist the said
Auditor in the performance of his duties. The NTA shall include in its
budget the cost of audit as provided by the provisions of applicable
laws.
Sec. 12. Transitory Provisions. —
a.
The incumbent officials and employees from the rank of department
manager and below shall continue to exercise their respective
functions, duties and responsibilities, with the corresponding benefits
and privileges unless and until otherwise ordered by the
Board.
b. The Civil
Service Law, rules and regulations are hereby adopted in the selection
and appointment of officials and personnel of the NTA; Provided, That
personnel of the Consolidated Tobacco Agencies shall enjoy preference,
all things being equal, in appointment to appropriate positions in the
NTA.
c. The new
position structures and staffing patterns of the Authority shall be
approved and prescribed by the Board 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 Board or by
the President, as the case may be. Those incumbents whose positions are
not included in the new position structure and staffing pattern 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 by the equivalent of one-month salary of
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 12 months salary.
Sec. 13. Repealing Clause. — The provisions of the
respective charters of the Consolidated Tobacco Agencies, other laws,
decrees, executive orders, administrative orders, letters of
instructions and rules and regulations inconsistent herewith are hereby
repealed or modified accordingly.
Sec. 14. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
Done in the City of Manila,
Philippines, this 24th day of July, in the Year of Our Lord, Nineteen
Hundred and Eighty-Seven.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.