EXECUTIVE ORDER NO. 425
EXECUTIVE ORDER NO. 425 - PLACING
UNDER THE CONTROL AND SUPERVISION OF THE AUTONOMOUS REGIONAL GOVERNMENT
THE LINE AGENCIES AND OFFICES OF THE NATIONAL GOVERNMENT WITHIN THE
AUTONOMOUS REGION IN MUSLIM MINDANAO DEALING WITH LABOR AND EMPLOYMENT,
LOCAL GOVERNMENT, TOURISM, ENVIRONMENT AND NATURAL RESOURCES, SOCIAL
WELFARE AND DEVELOPMENT, AND SCIENCE AND TECHNOLOGY AND FOR OTHER
PURPOSES
WHEREAS,
pursuant to the mandate under the 1987 Constitution, the Congress of
the Philippines enacted into law Republic Act No. 6734, otherwise known
as the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM);
WHEREAS, pursuant to Section 1 (2), Articles II of the aforesaid
Organic Act, a plebiscite was held on 19 November 1989 wherein four (4)
provinces: Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, ratified the
said Organic Act and voted favorably to be included in the ARMM;
WHEREAS, on 17 February 1990, elections for the office of the Regional
Governor, Regional Vice-Governor and the members of the Regional
Assembly, were held;
WHEREAS, with the election and assumption into office of its officials,
the Autonomous Regional Government for ARMM is now deemed organized;
WHEREAS, the first paragraph of Sec. 4, Article XIX of Republic Act
No. 6734, provides that: “[U]pon organization of the Autonomous Region,
the line agencies and offices of the National Government dealing with
local government, social services, science and technology, labor,
natural resources, and tourism, including their personnel, equipment,
properties and budgets, shall be immediately placed under the control
and supervision of the Regional Government”;
WHEREAS, the second paragraph of Sec. 3, Article XIX of Republic Act
No. 6734 further provides that: “[W]ithin six (6) months after its
organization, the Oversight Committee shall submit its report and
recommendations to the President of the Philippines who shall act on
the report and recommendations within ninety (90) days after receipt
thereof: Provided, however, That if the President fails to act within
said period, the recommendations of the Oversight Committee shall be
deemed approved”;
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. Declaration of Policy. — Pursuant to the
1987 Constitution and Republic Act No. 6734, it shall be the policy of
the National Government to ensure the full and expeditious devolution
of powers and functions to the Autonomous Regional Government of the
Autonomous Region in Muslim Mindanao (ARMM).
Sec. 2. General Terms Defined. — For purposes of
this Executive Order and subsequent issuances pertaining to the
Autonomous Regional Government of the ARMM, the following terms shall
mean:
1)
National Government — refer to the entire machinery of the central
government as distinguished from the different forms of local
governments.
2) Agency of
Government — refer to any of the various units of the Government,
including a department, bureau, office, instrumentality, or
government-owned or controlled corporation or a distinct unit therein.
3) Department
— refers to an executive department created by law.
4) Supervision
and Control — shall include authority to act directly whenever a
specific function is entrusted by law or a regulation to a subordinate;
direct the performance of duty; restrain the commission of acts;
review, approve, reverse or modify acts and decisions of subordinate
officials or units; determine priorities in the execution of plans and
programs; and prescribe standards, guidelines, plans and programs.
Unless a different meaning is explicitly provided in the specific law
governing the relationship of particular agencies, the word “control”
shall encompass supervision and control as defined in this paragraph.
Sec. 3. Mandate. — Pursuant to Section 1, Article
VI of the Organic Act of the ARMM, the President of the Philippines
shall exercise general supervision over the Autonomous Regional
Government, including the local governments therein, directly or
through the Regional Governor, to ensure that national and regional
laws are faithfully executed.
Sec. 4. Transfer of Control and Supervision. — The
following National Government offices and line agencies dealing with
local government, social welfare and development, science and
technology, labor and employment, environment and natural resources,
and tourism, within the ARMM including their personnel, equipment,
properties and budgets are placed under the control and supervision of
the Autonomous Regional Government.
The Heads of the said offices and agencies, including their officials
and employees, are hereby directed to extend their fullest assistance
and cooperation to the Autonomous Regional Government of ARMM to ensure
the orderly transfer thereof.
Sec. 5. Functions Transferred. — Pursuant to the
foregoing section, the functions of the following line agencies and
offices of the National Government are hereby transferred to the
Autonomous Regional Government of the ARMM, viz.:
A.
Department of Labor and Employment
1)
Formulate and recommend to the Regional Governor regional policies,
plans and programs for manpower development, training, allocation, and
utilization;
2) Protect and
promote the interest of every constituent desiring to work locally or
overseas by securing to him the most equitable terms and conditions of
employment, and by providing social and welfare services;
3) Regulate
the employment of aliens within the ARMM, including the establishment
of a registration and/or work permit system for such aliens;
4) Formulate
general guidelines concerning wage and income policy;
5) Recommend
to the Regional Governor necessary adjustments in wage structures with
a view to develop a wage system that is consistent with national
economic and social development plans;
6) Provide for
safe, decent, humane and improved working conditions and environment
for all workers, particularly women and young workers;
7) Maintain
harmonious, equitable and stable labor relations system that is
supportive of national and regional economic policies and programs;
8) Uphold the
rights of workers and employers to organize and to promote free
collective bargaining as the foundation of the labor relations system;
and,
9) Provide and
ensure the fair and expeditious settlement and disposition of labor and
industrial disputes through collective bargaining, grievance machinery,
conciliation, mediation, voluntary arbitration, compulsory arbitration
as may be provided by law, and other modes that may be voluntarily
agreed upon by the parties concerned.
B.
Department of Local Government
1)
Advise the Regional Governor on the promulgation of regional policies,
rules, regulations and other issuances relative to the general
supervision of local governments;
2) Establish
and prescribe rules, regulations and other issuances implementing laws
on the general supervision of local governments and the promotion of
local autonomy and community empowerment and to monitor compliance
thereof by said units;
3) Provide
assistance in the preparation of regional legislation affecting the
local governments;
4) Establish
and prescribe regional plans, policies, programs and projects to
strengthen the administrative, technical and fiscal capabilities of
local government offices and personnel; and
5) Formulate
plans, policies and programs which will meet local emergencies arising
from natural and man-made disasters.
C.
Department of Tourism
1)
Advise the Regional Governor on the promulgation of regional laws
relative to the policy, plans, programs and projects designed to
promote and develop the tourism industry;
2) Formulate
policies, plans, programs and projects for the development of the
tourism industry within the ARMM;
3) Devise an
integrated marketing program designed to attract and induce people
abroad to visit the ARMM;
4) Promote and
ensure the pleasant and hospitable entry, stay and egress of tourists;
5) Coordinate
with any or all government agencies, civil or military, in the
implementation of the rules and regulations, other issuances, and
enforcement of orders and/or decisions of the appropriate regional
agency;
6) Formulate
standards for tourism-oriented establishments that will prescribe
minimum levels of operating quality and efficiency in order to ensure
that facilities, personnel and services are maintained in accordance
with acceptable local and international norms in the operations of
tourism-oriented establishments;
7) Promulgate
rules and regulations governing the operations and activities of all
persons, firms, entities and establishments that cater to tourists, to
provide standards for accreditation of hotels, resorts and
tourist-oriented facilities for classification purposes, and to
prescribe rules and regulations governing the issuance of licenses to
travel agencies consistent with national laws;
8) Approve the
construction standards of accredited tourism-oriented establishments
including hotels, resorts, inns, motels, and other related facilities
and services;
9) Prescribe
information reporting on the purchase, sale or lease of accredited
tourism-oriented facilities;
10) Ensure a
harmonious, positive and constructive development of the tourism
industry;
11) Provide
technical assistance to the Committee on Privatization and Asset
Privatization Trust, or such other government agency, office or
institution as are charged with the duty and/or responsibility of
selling government-owned or controlled hotels, resorts and other
tourist-oriented facilities within the ARMM;
12) Promote
the ARMM as a locale for foreign film or movie production or any other
form of entertainment that will serve to enhance the image of the
Philippines as a tourist destination internationally;
13) Prescribe
programs to encourage private sector investment and participation in
tourism activities and projects;
14) Compile
and integrate a statistical data bank on the tourism industry;
15) Promote
the protection, maintenance and preservation of historical, cultural
and natural assets with tourist attractions with the appropriate
government agencies or with the private sector or with the owners of
said assets or attractions;
16) Undertake
research studies and surveys for the continuing analysis of economic
conditions and trends relating to tourism and travel;
17) Protect
and enhance the Filipino image in the entertainment field and thereby
gain better international respect and reputation for the ARMM by
assisting the appropriate government agency in auditioning Filipino
entertainers being sent abroad;
18) Evaluate
incentives to tourist-oriented facilities, and submit their
recommendations to the Regional Governor;
19) Assist in
the enforcement of all laws and regulations for the protection of
tourists and other transients;
20) Exercise
such other powers and functions that may be necessary, proper, or
incidental to the attainment of its mandate;
21) Arrange,
whenever deemed appropriate, for the reclamation of any land adjacent
to or adjoining a tourist zone in coordination with appropriate
government agencies;
22) Coordinate
with appropriate government agencies the development of infrastructure
requirements supporting a tourist zone such as, but not limited to,
access roads to the zone electric power brought to the proper line of
the zone, airports, harbors, and other support facilities; and,
23) Coordinate
with concerned government agencies the provision of social
infrastructure requirements supporting a tourist zone as educational
facilities, health centers, social and recreational outlets and other
necessary amenities for the social upliftment of the populace and
preservation of ecological balance.
D.
Department of Environment and Natural Resources
1)
Advise the Regional Governor on the enactment of regional laws relative
to the development, use, regulation and conservation of the natural
resources and the control of pollution in the ARMM;
2) Formulate,
implement and supervise the Autonomous Regional Government’s policies,
plans and programs pertaining to the management, conservation,
development, use and replenishment of the ARMM’s natural resources;
3) Promulgate
rules and regulation in accordance with regional law governing the
exploration, development, conservation, extraction, disposition, use
and such other commercial activities tending to cause the depletion and
degradation of our natural resources;
4) Exercise
supervision and control over forest lands, alienable and disposable
lands, and mineral resources within the ARMM;
5) Undertake
exploration, assessment, classification and inventory of the ARMM’s
natural resources;
6) Promote
proper and mutual consultation with the private sector involving
natural resources development, use and conservation within the ARMM;
7) Undertake
geological surveys of the whole ARMM including its territorial waters;
8) Establish
and implement programs for the:
a.
Accelerated inventory, surveys and classification of the ARMM’s natural
resources;
b. Equitable
distribution of natural resources;
c. Promotion,
development and expansion of natural resources based industries;
d.
Preservation of cultural and natural heritage through wildlife
conservation and segregation of national parks and other protected
areas;
e. Maintenance
of a wholesome natural environment by enforcing environmental
protection laws; and,
f.
Encouragement of greater people participation and private initiative in
natural resource management.
9)
Promulgate rules and regulations necessary to:
a.
Accelerate cadastral and emancipation patent surveys, land use planning
and public land tilting;
b. Harness
forest resources in a sustainable manner, to assist rural development,
support forest-based industries, and provide raw materials to meet
increasing demands, at the same time keeping adequate reserves for
environmental stability; and,
c. Expedite
mineral resources surveys, promote the production of metallic and
non-metallic minerals and encourage mineral marketing.
10)
Regulate the development, disposition, extraction, exploration and use
of the ARMM’s forest, land and mineral resources;
11) Assume
responsibility for the assessment, development, protection,
conservation, licensing and regulation;
12) Promulgate
rules, regulations and guidelines concerning development, exploration
and utilization of the ARMM’s natural resources;
13) Exercise
exclusive jurisdiction on the management and disposition of all lands
of the public domain within the ARMM;
14) Implement
measures for the regulation and supervision of the processing of forest
products, grading and inspection of lumber and other forest products
and monitoring of the movement of timber and other forest products
within the ARMM;
15) Promulgate
rules and regulations for the control of water, air and land pollution,
within the ARMM;
16) Promulgate
ambient and effluent standards for water and air quality including the
allowable level of other pollutants and radiations;
17) Promulgate
policies rules and regulations for the conservation of the ARMM’s
genetic resources and biological diversity, and endangered habitats;
18) Formulate
an integrated, multi-sectoral, and multi-disciplinary regional
conservation strategy, which will be presented to the Regional
Governor; and,
19) Exercise
other powers and functions and perform such other acts as may be
necessary, proper or incidental to the attainment of its mandates and
objectives.
E.
Department of Social Welfare and Development
1)
Formulate, develop and implement regional plans, programs and projects
in the field of social welfare and development;
2) Adopt
regional policies to ensure effective implementation of programs for
public and private social welfare services;
3) Promote,
support and coordinate the establishment, expansion and maintenance of
non-governmental social welfare facilities, projects and services;
4) Establish,
operate, maintain and otherwise support regional institutional
facilities, projects and services for its constituents;
5) Promote,
build and strengthen people’s organizations for a self-directing
welfare system at the grassroots level;
6) Promote,
support and coordinate networks and facilities for identification and
delivery of appropriate interventions to its welfare constituents;
7) Undertake
researches and studies on matters pertaining to its
constituency;
8) Deputize
law enforcement agencies to assist in the implementation of laws, rules
and regulations for the protection of the rights of the exploited,
abused and disadvantaged;
9) Disseminate
information and public technical bulletins on social welfare and
development
10) Regulate
fund drives, public solicitations and donations for charitable or
welfare purposes;
11) Deputize
local government units and other agencies of government as are
necessary in providing disaster relief; and,
12) Coordinate
all activities pertaining to the implementation of programs and
services for the disabled, the aging and other socially disadvantaged.
F.
Department of Science and Technology
1)
Formulate and adopt a comprehensive regional science and technology (S
& T) plan consistent with the regional and provincial development
goals of the National S & T Plan, monitor and coordinate its
funding and implementation by all government agencies and
instrumentalities;
2) Promote,
assist and, where appropriate undertake scientific and technological
research and development (R & D) in those areas which are
determined to be vital to the region’s development and which offer
optimum returns for resources employed;
3) Promote the
development of indigenous technology and adaptation and innovation of
imported technology with the help of the R & D Institutes, and in
this regard, undertake technology development up to commercial stage;
4) Undertake
design and engineering work to complement its research and development
functions;
5) Promote,
assist and, where appropriate, undertake the transfer of the results of
scientific and technological research and development to end-users;
6) Promote,
assist and, where appropriate, undertake technological services in the
region needed by agriculture, industry, transport, and the general
public;
7) Develop and
maintain an information system and databank on science and technology
for use by the public and private sectors;
8) Develop and
implement, in coordination with DOST’s Service Institutes, Regional
Offices, Attached Agencies, Universities, and other entities concerned,
programs for strengthening scientific and technological capabilities in
the relevant disciplines through manpower training, infrastructure and
institution building and rationalization, in both the public and
private sectors;
9) Promote
public consciousness in science and technology; and,
10) Undertake
policy research, technology assessment and feasibility studies.
Sec. 6. Functions to be Transferred Conditionally.
— Functions that are to be transferred on a conditional basis, such as
licensing and accreditation mandated by national laws, shall be the
subject of a Memorandum of Agreement between the concerned national
agency or office and the Autonomous Regional Government, subject to the
approval of the President.
Sec. 7. Standard Setting. — The Autonomous
Regional Government, in the exercise of the powers devolved in this
Executive Order, may formulate its own standards: Provided, That in the
formulation of regional standards it shall adhere to the national
standards as a minimum requirement and the pertinent national law. No
regionally defined standards shall be below the national
standards.
Sec. 8. Programs and Projects. — Locally funded
projects within the ARMM of the six line agencies abovementioned shall
be transferred to the Autonomous Regional Government including project
staff, budgets and assets acquired.
Foreign-funded projects covered by an existing contract and already
obligated shall continue to be the sole responsibility of the national
line agency. A Memorandum of Agreement may be entered into between the
line department and the Autonomous Regional Government insofar as
implementation and operations are concerned within the ARMM.
Sec. 9. Assets, Equipment, Offices and Land. — All
assets and equipment already existing, being utilized or programmed for
use in the four (4) provinces covered by the ARMM shall likewise be
turned over to the Regional Government.
Offices and the land, wherein these offices are built, within the ARMM,
shall immediately be transferred to the Autonomous Regional Government.
Sec. 10. Liabilities. — Liabilities incurred by
the six line agencies above mentioned, in the exercise of their mandate
in the ARMM, shall likewise be transferred; Provided, That, the
National Government shall continue such levels of expenditures as may
be necessary to carry out the functions devolved under Republic Act No.
6734; Provided, however, That the annual budgetary support shall, as
soon as practicable, terminate as to these line agencies or offices
devolved to the Autonomous Regional Government.
Sec. 11. Personnel. — Plantilla positions, whether
filled or unfilled, of the six line agencies abovementioned,
effectively assigned to or located in the four (4) provinces as their
official station, shall immediately be placed under the control and
supervision of the Autonomous Regional Government Personal services
budget shall henceforth be transferred.
All officers and employees in the career service in said offices to be
absorbed by the Autonomous Regional Government shall be considered
regular and permanent officers and employees of the said government and
shall retain their seniority rights, compensation, and other benefits.
They shall enjoy security of tenure and shall not be removed except for
a valid cause and after due notice and hearing in accordance with Civil
Service laws, rules and regulations.
Those who refuse to be absorbed by the Autonomous Regional Government
shall have the following options: (a) Regular retirement; (b)
Absorption by their line department in another office or region based
on the availability of position and at the discretion of management;
(c) Transfer to another department based on availability of position;
or (d) Resignation. Separated personnel who are not eligible for
retirement under existing laws shall be entitled to any and all
benefits as provided under existing Civil Service laws.
Sec. 12. Special Assistance. — In the case of any
of the six line agencies abovementioned, notably Tourism, Science and
Technology, and Labor and Employment, in which there is an absence or
few resources to be transferred, special assistance in the form of
additional budgetary support or technical assistance in kind shall be
extended to the Autonomous Regional Government to be specified in a
proposal approved by the Oversight Committee; Provided, however, That
all the aforesaid six line departments shall endeavor to provide any
assistance beyond those required in this Executive Order.
Sec. 13. Attached Agencies. — Attached agencies
and corporations of the six line agencies abovementioned shall continue
to be controlled and supervised by the national line agency. A
Memorandum of Agreement covering specific functions and/or programs of
an attached agency or corporation operating within the ARMM may be
entered into by the concerned national line agency and the Autonomous
Regional Government, subject to the approval of the
President.
Sec. 14. Separability Clause. — If, for any
reason, any part or provisions of this Executive Order shall be held
unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
Sec. 15. Effectivity. — This Executive Order shall
take effect fifteen days after its publication in a national newspaper
of general circulation and one (1) local newspaper of general
circulation in the ARMM.
DONE in the City of Manila,
this 12th day of October, in the year of Our Lord, nineteen hundred and
ninety.
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Since 19.07.98.