EXECUTIVE ORDER NO. 420
EXECUTIVE ORDER NO. 420 -
CONVERTING THE PHILIPPINE HIGH SCHOOL FOR THE ARTS INTO A REGULAR
GOVERNMENT AGENCY, REPEALING PRESIDENTIAL DECREE NO. 1287 AND FOR OTHER
PURPOSES
WHEREAS,
the arts complement the sciences in improving the quality of human life
by means of the complete and harmonious development of the individual;
WHEREAS, it is the person completely and harmoniously developed who can
contribute most meaningfully towards the creation and enhancement of a
democratic, just and humane society imbued with national identity and
pride;
WHEREAS, the Philippine High School for the Arts has been organized
under Presidential Decree No. 1287 (1978), to search for and develop
highly talented children exceptionally gifted in the arts, with the
objective of providing a continuing source of artists of excellence and
leaders in the preservation and promotion of the Filipino heritage in
the arts;
WHEREAS, the government is committed to fulfill its constitutional
mandate at foster the preservation, enrichment and dynamic evolution of
a Filipino national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression and
to place arts and letters under the patronage of the State;
WHEREAS, in view of the foregoing, the regularization and conversion of
the Philippine High School for the Arts as a regular government agency
have been recommended by the Department of Budget and Management
pursuant to its mandate under Executive Order No. 165 (1987) and
Executive Order No. 5 (1986);
WHEREAS, per the Secretary of Justice Opinion No. 210, series of 1988,
Sec. 22 of Proclamation No. 50 (1986), as amended, empowers the
President of the Philippines to amend or repeal the laws creating
government-owned or controlled corporations of which have been
identified for divestment, dissolution, regularization, merger or
consolidation, not later than December 6, 1991;
NOW, THEREFORE, I CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Abolition and Creation. — The Philippine
High School for the Arts is hereby abolished. In lieu thereof, a
regular government agency is hereby created in accordance with the
provisions of this Executive Order, with the same name and hereinafter
referred to as High School.
Sec. 2. Mandate. — The High School is hereby
mandated to implement a general secondary level program, combined with
a special curriculum oriented to the arts and geared to the early
recognition and development of highly talented children exceptionally
gifted in the arts, thus providing a continuing source of artists of
excellence and leaders in the preservation and promotion of the
Filipino heritage in the arts.
Sec. 3. Advisory Council. — The High School have
an Advisory Council, composed of the following members:
(a)
President of the Cultural Center of the Philippines who shall be the
Chairman, ex-officio;
(b)
Undersecretary of the Department of Education, Culture and Sports shall
be the Vice-Chairman, ex-officio;
(c) Artistic
Director of the Cultural Center of the Philippines, ex-officio;
(d) Director
of the Bureau of Secondary Education of the Department of Education,
Culture and Sports, ex-officio;
(e) Director
of the Philippine High School for the Arts, ex-officio;
(f) A
representative from each of the fields of music, dance, theater arts,
visual arts, and literature to be appointed by the Chairman, upon
recommendation of the Governing Board.
The Advisory Council shall meet at least once a month. A quorum of the
Advisory Council shall consist of the majority of all its members
holding office at the time the meeting is called and present thereat.
Each member of the Advisory Council shall receive an honorarium in
accordance with pertinent laws, rules and regulations.
Sec. 4. Powers and Functions. — To accomplish the
mandate of the High School, the Advisory Council shall advise the
Director on the following:
(a)
Fixing of the site of the school;
(b) Receipt
for, and appropriations for the ends specified by law, of such sums as
may be provided by law for the support of the High School;
(c) Approval
of appointments made and contracts entered into by the Director in
connection with the employment of teachers, lecturers and other
employees of the High School, fixing of their compensations and other
conditions of employment, with concurrence by the Secretary of Budget
and Management; and their removal for cause after due notice and
hearing;
(d) Providing
fellowships for faculty members and approval of the grant of
scholarships, stipends and other allowances to deserving students;
(e)
Determining the criteria for the selection and admission of students
which shall include, among others, national competitive examinations;
(f) Approval
of the issuance of certificates or diplomas to successful candidates
for graduation;
(g) Receipt of
in trust legacies, gifts, donations, grants, endowments, contributions,
or other transfers of ownership and/or possession of real and personal
properties of all kinds and administration of the same for the benefit
of the High School or for aid to any of its students.
(h) Approval
of the annual work program and budget for endorsement to the Department
of Budget and Management;
(i) Such other
tasks as may be assigned to it by the Secretary of Education, Culture
and Sports, which are necessary for the efficient and effective
accomplishment of the purposes of this Executive Order.
Sec. 5. Authority to Solicit Donations, Grants and
the Like. — Upon the recommendation of the Advisory Council, the
Director may, without need of authority, approval or intervention by
any government agency of any kind whatsoever, solicit, negotiate with,
and receive from any public or private, domestic or foreign sources
such legacies, gifts, donations, grants, endowments, contributions or
other transfers of ownership and/or possession of real or personal
properties of all kinds in favor and for the benefit of the High
School, subject to ratification by the Secretary of Education, Culture
and Sports; Provided, That the Director shall, upon recommendation by
the Advisory Council and in accordance with pertinent accounting and
auditing laws, rules and regulations, prescribe the measures necessary
for the proper use, maintenance and safekeeping of said donations,
grants, endowments, contributions or transfers and the compliance of
the terms and conditions thereon, if any.
Sec. 6. Director. — The day-to-day operations of
the High School shall be under the supervision and control of the
Director in accordance with Sec. 4 hereof. He shall be appointed by
the Secretary of Education, Culture and Sports, upon the recommendation
of the Advisory Council. His functions, powers and duties, in addition
to those specifically provided in this Executive Order, shall be those
usually pertaining to the office of the principal of any high school in
the Philippine educational system.
Sec. 7. Civil Service Coverage. — Personnel of the
High School shall be classified into:
(a)
Career service personnel, namely, those of the finance, administrative
and personnel staff of the High School and its general education
faculty.
(b) Non-career
service personnel, namely, visiting professors and arts
instructors.
Career and non-career service personnel shall be subject to civil
service rules and regulations on wage and position classifications.
They shall be entitled to retirement benefits enjoyed by all government
personnel, in accordance with existing laws, rules and regulations.
Provisions for retirement shall be included in the annual budget of the
High School: Provided, That services of incumbents whose appointments
have not been processed through the Civil Service Commission shall be
considered as creditable services for purposes of claiming retirement
or separation benefits as long as the necessary requirements are met.
Sec. 8. Attachment. — The High School is hereby
attached to the Department of Education, Culture and Sports, in
consultation with the Cultural Center of the Philippines, for policy
and program implementation with special emphasis on subjects pertaining
to the arts, with the end in view of preparing its students for a
career in the arts.
Sec. 9. Arts High School Fund. — All legacies,
gifts, donations, grants, endowments, contributions and other similar
transfers of real and personal properties of all kinds received by the
High School shall constitute the Arts High School Fund, which shall be
expended or used by, or with the authority from, the Director upon the
recommendation of the Advisory Council, to attain the purposes of this
Executive Order, in accordance with pertinent laws, rules and
regulations. Signatories to this Fund shall be the Director and the
officer of the High School responsible for its finances, regular
reports on the status of the fund shall be submitted to the Advisory
Council.
Sec. 10. Position Structure and Staffing Pattern.
— Upon approval of this Executive Order, the officers and employees of
the defunct Philippine High School for the Arts shall, in a holdover
capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are duly separated from the service.
The position structure and staffing pattern of the High School shall be
approved and prescribed by the Secretary of Education, Culture and
Sports, upon the recommendation of the Director of the High School and
with the concurrence of the Secretary of Budget and Management, 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 High School or by the President of the
Philippines, as the case may be. Those incumbents of the High School
whose positions are not included therein or who are not reappointed,
shall be deemed separated from the service and shall receive the
benefits to which they may be entitled under existing laws, rules and
regulations.
Sec. 11. Transfer. — The records, equipment,
facilities, choses in actions, rights, other assets and personnel of
the defunct Philippine High School for the Arts are hereby transferred
to the High School, insofar, as necessary for the proper accomplishment
of the objectives of this Executive Order. The appropriations and funds
of said defunct entity, if any, shall revert to the General Fund. Its
remaining assets if any, shall be allocated to the appropriate units of
the government as the Office of the President shall determine or shall
otherwise be disposed in accordance with the Government Auditing Code
of the Philippines and other pertinent laws, rules and regulations. Its
liabilities, if any, shall be paid in accordance with the provisions of
the Civil Code of the Philippines on the concurrence and preference of
credits.
Sec. 12. Notice or Consent Requirement. — If any
reorganizational change authorized in this Executive Order is of such
substance or materiality as to prejudice third persons 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 with any such creditors, such notice or consent
requirement shall be complied with prior to the implementation of such
reorganizational change.
Sec. 13. Implementing Rules and Regulations. — The
Secretary of Education, Culture and Sports shall prescribe the rules
and regulations for the efficient and effective implementation of the
provisions of this Executive Order.
Sec. 14. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional or
invalid shall not have the effect or nullifying other portions or
provisions hereof as long as such remaining portions or provisions can
still subsist and be given effect in the entirety.
Sec. 15. Repeal. — Presidential Decree No. 1287
(1978) is hereby repealed. All other laws, issuances, rules and
regulations inconsistent herewith are likewise hereby repealed or
modified accordingly.
Sec. 16. Effectivity. — This Executive Order shall
take effect upon approval, subject to its publication in the Official
Gazette.
DONE in the City of Manila,
this 7th day of September, in the year of Our Lord nineteen hundred and
ninety.
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Since 19.07.98.