EXECUTIVE ORDER NO. 285
EXECUTIVE ORDER NO. 285 -
ABOLISHING THE GENERAL SERVICES ADMINISTRATION AND TRANSFERRING ITS
FUNCTIONS TO APPROPRIATE GOVERNMENT AGENCIES
WHEREAS,
it is the policy of the government to promote economy, efficiency and
effectiveness in the delivery of public services;
WHEREAS, the successful performance by line departments and agencies of
their mandated tasks can only be assured if auxiliary services are
likewise adequately provided;
WHEREAS, in line with the principles of decentralization, autonomy and
accountability, general services functions pertaining to building and
real property management and supply coordination should be integrated
with the regular responsibilities of government agencies having related
functions;
WHEREAS, it is desirable to continue centralized coordination of
records management and archival functions; and
WHEREAS, the need for an effective government printing and publication
system requires the rationalization of all related existing resources
of the government.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Declaration of Policy. — It is hereby declared a policy of the State
that, in line with the principles of decentralization, autonomy,
accountability and optimization of the use of existing resources of the
government, the conduct of certain general administration functions be
vested in the appropriate government agencies.
PART
I. — REORGANIZATION ACTIONS
Section 1. Abolition of the General Services
Administration. — The General Services Administration, hereunder
referred to as the Administration, and its Building Services and Real
Property Management Office and Supply Coordination Office are hereby
abolished and their functions transferred to other agencies/entities in
accordance with specific provisions of this Executive Order.
Such transfer shall include applicable appropriations, records,
property and equipment, and such personnel as may be
necessary.
Sec. 2. General Services Administration (Proper).
— The formulation, promulgation and execution of policies, rules and
regulations on the performance of common administrative services,
namely: building and real property management and supply coordination,
are hereby transferred to appropriate agencies specified in the
succeeding sections.
Sec. 3. Building Services and Real Property
Management Office. — The functions of the Building Services and Real
Property Management Office are hereby transferred as follows:
1.
To the Department of Public Works and Highways.
a.
Overall custody and administration of government
buildings, including development of criteria and standards on building
services, allocation of government buildings to agency-users, and
related activities;
b. Conduct of
researches, studies and surveys to determine the space requirements, of
the government; need for maintenance, repair and alteration/
improvement of buildings and grounds; and allocation of new buildings;
c. Inventory,
inspection, appraisal and determination of the value of buildings owned
by the national government;
d.
Development of guidelines, criteria and standards on the reasonableness
of rental rates in privately-owned buildings leased to government
offices and vice-versa;
e. Disposal
of government-owned buildings;
f.
Determination of damage caused by natural calamities to government
projects for purposes of insurance claims;
g.
Designation of the buildings administrator for each government
building.
2.
To the Department of Environment and Natural
Resources.
a.
Custody and administration of commercial, industrial
and urban properties under the management of the abolished Building
Services and Real Property Management Office;
b. Sale,
lease, rental or transfer of these commercial, industrial and urban
lands.
3.
To the Systems and Procedures Bureau, Department of
Budget and Management.
Development of standards and
guidelines on office space allocation and the provision of janitorial,
security, messengerial and other “housekeeping” services.
4. To the
Building Administrator Designated by the Department of Public Works and
Highways.
(occupant or any of the
occupants of the building)
Allocation of office space in
the building for use by government agencies; subject to the standards
and guidelines developed by the Systems and Procedures Bureau,
Department of Budget and Management.
5. To the
Occupants of Government Buildings.
a.
Day-to-day custody and administration of government
buildings, including allocation of the office space and rental of
excess office space to private users, ordinary repair and maintenance,
and related activities;
b. Provision
of janitorial, security, messengerial and other “housekeeping”
services, subject to the standards and guidelines developed by the
System and Procedures Bureau, Department of Budget and Management.
Sec. 4. Supply Coordination Office. — The
function of the Supply Coordination Office are hereby transferred as
follows:
1.
To the Procurement Service, Department of Budget and
Management.
a.
Operation of a government-wide procurement for
common-use office supplies;
b. Monitoring
of prices for common-use supplies, materials and equipment.
2.
To the Systems and Procedures Bureau, Department of
Budget and Management.
a.
Development of standards and specifications for
common-use supplies, materials and equipment, in coordination with the
Bureau of Products Standards of the Department of Trade and Industry
and the Industrial Technology Development Institute of the Department
of Science and Technology;
b. Design of
an integrated supply management system for government;
c. Conduct of
continuing studies designed to establish and maintain an improved
purchasing system for government that would also serve as guide to
agencies.
3.
To the Different Line Departments and Agencies.
a.
Procurement of supplies, materials and equipment
peculiar to their operations;
b. Disposal
of supplies, equipment and materials which are obsolete, forfeited,
abandoned and surplus to their needs, subject to guidelines developed
by the Systems and Procedures Bureau of the Department of Budget and
Management and existing laws.
The Procurement Council created under LOI 755 dated October 18, 1978 is
hereby abolished. Its functions pertaining to standards setting and
policy/guidelines formulation are transferred to the Systems and
Procedures Bureau, Department of Budget and Management.
To expedite disposal of unserviceable equipment and property, the
Disposal Committee created in each Department and agency under
Executive Order No. 888, dated March 18, 1983, is hereby reconstituted,
as follows:
Representatives
of:
Owning
Department or — Chairman
agency
Department of
Budget — Member
and Management
Commission on
Audit — Member
Sec. 5. Records Management and Archives Office. —
The Records Management and Archives Office, including its applicable
appropriations, personnel, equipment, property, records and archival
collections, is hereby transferred and attached to the Department of
Education, Culture and Sports as a cultural agency.
The Secretary of Education, Culture and Sports is hereby authorized to
reorganize the Office in consultation with and subject to the approval
of the Department of Budget and Management, within one hundred twenty
(120) days from the approval of this Executive Order.
Sec. 6. Creation of the National Printing Office.
— There is hereby created a National Printing Office out of the merger
of the Government Printing Office and the relevant printing units of
the Philippine Information Agency. The Office shall have exclusive
printing jurisdiction over the following:
a.
Printing, binding and distribution of all standard
and accountable forms of national, provincial, city and municipal
governments, including government corporations;
b. Printing
of official ballots;
c. Printing
of public documents such as the Official Gazette, General
Appropriations Act, Philippine Reports, and development information
materials of the Philippine Information Agency.
The Office may also accept other government printing jobs, including
government publications, aside from those enumerated above, but not in
an exclusive basis.
The details of the organization, powers, functions, authorities, and
related management aspects of the Office shall be provided in the
implementing details which shall be prepared and promulgated in
accordance with Section II of this Executive Order.
The Office shall be attached to the Philippine Information Agency.
PART
II. — MISCELLANEOUS PROVISIONS
Sec. 7. New Structure and Staffing Pattern. —
Upon approval of this Executive Order, the officers and employees of
the abolished General Services Administration and its Offices shall, in
a hold-over capacity pending implementation of the reorganization,
continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits.
The new position structure and staffing pattern relative to the
transferred functions shall be approved and prescribed by the Secretary
of Budget and Management in consultation with the heads of the
recipient agencies 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 the agency
heads 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 by 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 highest salary received, but in no case shall such
payment exceed the equivalent of twelve (12) months
salary.
Sec. 8. Notice or Consent Requirement. — If any
organizational change herein authorized is of such substance or
materiality as to prejudice third person with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into which any
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 9. Prohibition Against Change. — No change
in the organization 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. 10. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the GSA and its four bureaus.
Sec. 11. Implementing Authority of the Secretary
of Budget and Management. — The Secretary of Budget and Management, in
consultation with the heads of the respective agencies, shall issue
such rules and regulations and other issuances as may be necessary to
ensure the effective implementation of the provisions of this Executive
Order.
Sec. 12. 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 can still subsist and be given effect
in their entirety.
Sec. 13. Repealing Clause. — All laws,
ordinances, rules, regulations, other issuances or part thereof, which
are inconsistent with this Executive Order, are hereby repealed or
modified accordingly.
Sec. 14. Effectivity Clause. — This Executive
Order shall take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 25th day of July, in the year of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.