EXECUTIVE ORDER NO. 459
EXECUTIVE ORDER NO. 459 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS, THE CONTROL AND SUPERVISION OVER ITS
OFFICES IN THE REGION AND FOR OTHER PURPOSES
WHEREAS,
Section 1, Article XV of Republic Act No. 6734 provides “That the
Autonomous Region shall establish, maintain and support a complete and
integrated system of quality education and adopt an educational
framework that is meaningful, relevant and responsive to the needs,
ideals and aspirations of the people in the Region”;
WHEREAS, the Oversight Committee created under the said Act,
recognizing the primacy of education as a necessary pillar for the
Autonomous Region in Muslim Mindanao (ARMM), has recommended the
evaluation of certain powers and that the offices of the Department of
Education, Culture and Sports within the ARMM may be transferred to the
Autonomous Regional Government to carry out this mandate;
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. Policy to be Adopted. — The Autonomous
Regional Government (ARG) shall be responsible for the regional
educational framework within the Autonomous Region in Muslim Mindanao
(ARMM) and shall adopt the policy of the National Government as
embodied in Chapter I, Title VI, of the Administrative Code of
1987.
Sec. 2. General Functions. — The powers and
functions with regard to the formulation, planning, implementation and
coordination of policies, plans, programs and projects of various
aspects of education are hereby transferred to the ARG, specifically in
the following areas:
a.
Elementary, secondary, physical and international education;
b. Non-formal
and vocational or technical education;
c. Higher
education;
d. Development
of culture;
e. Foreign and
locally-assisted projects and other activities relative to (a), (b,)
(c), and (d) above; and
f. Such other
functions as may be provided by law.
Sec. 3. Transfer of Control and Supervision. — The
offices of the Department of Education, Culture and Sports (DECS)
within the ARMM including their functions, powers and responsibilities,
personnel, equipment, properties, budgets and liabilities are hereby
placed under the control and supervision of the ARG.
Sec. 4. Transfer of Functions and Powers of the
DECS Regional Offices. — The following functions and powers of DECS
Regional offices are hereby transferred to the ARG:
A.
General Functions and Powers
a.1.
Formulate the regional plan of education based on the national plans
taking into account the specific needs and traditions of the region;
a.2. Implement
laws, rules and regulations, policies, programs and projects of the
Regional Department;
a.3. Provide
economical, efficient, and effective education service to the people;
a.4.
Coordinate with regional offices of other departments, offices and
agencies in the region;
a.5.
Coordinate with local government units; and
a.6. Perform
such other functions as may be provided for by law.
B. Specific
Functions and Powers
B.1
Administrative Management
a.
Act on all matters concerning appointment, promotion and transfer;
hiring of casual employees, resignation, filling-up of positions and
granting of leaves of absence and other personnel transactions;
b. Legal and
administrative investigation, recommendation decision on cases,
complaints and other related matters;
c. Act on
requests to teach, engage in business, and exercise of professions;
d. Act on
request to render overtime services;
e. Act on
request for authority for domestic/outside travel;
f. Conferring
of incentives or recognition;
g. Acceptance
of donations such as titled real properties and personal properties;
h. Act on
requests for attendance of personnel to conferences, meetings, seminars
and the like;
i. Upkeep of
records and records management;
j. Supply
management;
k. Medical and
Dental services; and
l. Delivery of
general administrative services.
B.2
Educational Supervision and School Administration
a.
Conduct school visitations and teaching supervision;
b. Conduct
educational statistical researches, experiments, studies, planning and
organizations; and
c. Preparation
of data and statistical reports.
B.3
Financial Management
a.
Budget preparation and submission;
b. Fiscal
control, accounting and auditing of expenditures;
c. Vouchers
and claims processing for payment or disbursement of funds;
d. Claims
processing and payment of retirement pay, hazard pay, allowances, extra
compensation, salary differentials and the like;
e.
mplementation of salary standardization/ adjustment/ merit increases;
f. Recommend
position classification/ readjustment/ conversion;
g. Requisition
and procurement of supplies, materials, equipment and others;
h. Negotiation
of contracts for services and goods;
i. Signing and
countersigning of checks; and
j. Preparation
and submission of financial reports.
B.4
Private School Regulations
a.
Grant authority to establish/operate new schools;
b. Grant
permits for operation of schools and summer classes;
c. Approval of
classes and teacher programs;
d. Act/decide
on problems and disputes arising from private school employment;
e. Approval of
applications of private school teachers for teaching overload;
f. Approval of
requests for temporary enrollment, late enrollment, subject load and
overload of students;
g. Administer
validation placement examinations;
h. Issue
special orders for graduation of students;
i. Approval of
applications for change of name of private schools;
j. Approval of
application for change of text books and other materials;
k. Act on
tuition fee increases;
l.
Verification and authentication of student credentials/records;
m. Decide
Administrative complaints arising from school decisions, rules and
regulations;
n.
Grant/cancel/withdraw government, recognition, or restore cancelled or
revoked government recognition;
o. Decide on
appeals regarding decisions on awards of graduation honors;
p. Decide
administrative complaints of private school personnel;
q. Investigate
and initiate action on cases involving illegal operation;
r. Approval of
proposed modifications of school curriculum; and
s.
Authentication of school records.
Sec. 5. Administrative Responsibility. — The ARG
shall be responsible for all outstanding obligations, liabilities and
commitment under existing and continuing contracts, memoranda of
agreement, undertakings, and the like, in connection with the operation
of school divisions located in the Autonomous Region: Provided, That
the National Government shall continue such levels of expenditure as
may be necessary to assure all obligations and liabilities transferred
to the ARG.
Sec. 6. Board of Higher Education. — The functions
and powers of the Board of Higher Education shall be retained by the
National DECS: Provided, That the Regional Director of the Regional
DECS when established, shall sit as a member of the Board with the
right to vote on matters pertaining to the four provinces within ARMM.
Sec. 7. DECS Bureaus. — The functions and powers
of the following DECS Bureaus as provided for under Chapter 6, Title
VI, Book IV of the Administrative Code of 1987 are hereby transferred
to the ARG.
a.
Bureau of Elementary Education;
b. Bureau of
Secondary Education;
c. Bureau of
Technical and Vocational Education;
d. Bureau of
Higher Education;
e. Bureau of
Non-Formal Education; and
f. Bureau of
Physical Education and School Sports.
Sec. 8. Locally-Funded Programs and Projects. —
All locally-funded projects of the DECS within the four provinces of
the ARMM shall be transferred to the ARG.
Sec. 9. Foreign-funded Programs. — The
implementation of foreign-funded projects shall continue to be the
responsibility of the DECS Central Office: Provided, That the project
components situated in the provinces of the ARMM may be implemented by
the ARG by way of a Memorandum of Agreement with the DECS.
Sec. 10. Regulations and Standards Governing the
Educational System. — (1) Rules and regulations promulgated pursuant to
the Educational Act of 1982 (Batas Pambansa Blg. 232) shall be strictly
adhered to and considered as minimum standards by the ARG.
(2) Formulation of regional standards should
recognize national standards as minimum requirements. No
regionally-defined standard should be below accepted national
standards. All DECS circulars on standards will be given to the ARMM
for information and consideration in drafting future regional
standards. Similarly, the ARG shall furnish the DECS with all circulars
issued prescribing regional educational standards.
Sec. 11. Assets, Equipment, Offices and Land. —
Assets and equipment including public elementary and secondary schools
already existing, being utilized or programmed for use in the four (4)
provinces covered by the ARMM shall be turned over the ARG: Provided,
That the National Government shall continue such levels of expenditures
as may be necessary to carry out the functions mandated under R.A. No.
6734.
Office buildings including the land where these edifices are built,
within the provinces of ARMM shall immediately be transferred to the
ARG in compliance with R.A. No. 6734.
Sec. 12. Personnel/Position. — (1) By operation of
law, all plantilla positions (filled and unfilled) of the DECS
effectively assigned or within the provinces of ARMM, shall immediately
be placed under the control and supervision of the ARG.
(2) All personnel of the National Government shall be
absorbed by the ARG and shall retain their seniority rights,
compensation and other benefits.
(3) Personnel who decline to transfer to the ARG for
any reason whatsoever shall have the following options as outlined by
the Civil Service Commission: (a) regular retirement; (b) absorption by
their line department in another office or region subject to the
availability of positions and at the discretion of management; (c)
transfer to another department subject to the availability of
positions; or (4) voluntary resignation.
(4) The position and classification plan of the ARG
shall conform to national standards classification/categories set by
Republic Act No. 6758, otherwise known as the Salary Standardization
Law.
(5) From the date of transfer and for a period not
exceeding twelve (12) months, the DECS Payroll Servicing Division shall
continue to pay the salaries of public elementary school teachers and
other DECS personnel within the ARMM covered by the centralized payroll
servicing scheme. The Department of Budget and Management, the DECS and
the ARG shall, within the said period, formulate the necessary
mechanisms for the payroll system within the ARMM.
Sec. 13. Budget. — All outstanding budget balances
duly appropriated for the operations of DECS in the provinces within
the ARMM for FY 1991 shall be turned over to the ARG as of the date
transfer. Budget balances shall include appropriations for personal
services of public secondary school teachers and other personnel not
covered by the DECS-IBM Payroll servicing schedule, maintenance and
other operating expenses, capital outlay.
Sec. 14. State Colleges and Universities. —
Pursuant to Article XV, Sec. 5 and 6 of R.A. No. 6734, all state
colleges and universities in the ARMM shall assist and support the full
development of the people and shall serve as regional centers for
tertiary and postgraduate education in their respective areas of
competence: Provided, That they shall enjoy academic freedom and fiscal
autonomy and shall continue to be governed by their respective
charters: Provided, further, That the DECS Regional Director shall be a
member of the governing boards of state colleges and universities in
the ARMM.
Sec. 15. Control and Supervision of DECS —
Attached Agencies and Councils. — Department attached agencies and
councils, including government corporations shall continue to be
controlled and supervised by their respective line departments. The
attached agencies shall extend maximum assistance to the ARG and
Regional DECS in carrying this programs and projects.
Sec. 16. Scholarship Program. — Student
scholarship programs shall be retained by the DECS.
Sec. 17. Free Public Secondary Education. — In
accordance with Republic Act No. 6655, the ARMM shall give free public
secondary education to students enrolled in national high schools,
general comprehensive high schools, state colleges and universities,
specialized schools, trade, technical, vocational, fishery and
agricultural schools, and in schools administered, maintained and
funded by local government units, including city, provincial, municipal
and barangay high schools, and those public schools established by law
within the provinces of the ARMM.
Sec. 18. Instructional Materials. — The
Instructional Material Council (IMC) shall continue to be primarily
responsible for the formulation of policies and for the selection and
adoption of textbooks, supplementary and reference books for use in
public elementary and secondary schools as well as the approval of
textbooks for private elementary and secondary schools in the ARMM:
Provided, That the significance of the contribution of the different
ethnic groups in the Philippines shall be emphasized.
The ARG may develop curricular materials with reference to regional
history subject to the approval of the IMC.
Sec. 19. Effective Date of Transfer. — The
effective date of transfer on which budget and assets shall be computed
and/or listed shall be 1 May 1991 to allow the schools and field
offices to wind up matters related to Schoolyear 1990-1991 and for the
regional DECS to prepare for Schoolyear 1991-1992.
Sec. 20. Separability Clause. — If for any reason,
any part or provision of this Executive Order shall be held
unconstitutional or invalid other parts or provision thereof which are
not affected thereby shall continue to be in full force and effect.
Sec. 21. Effectivity. — This Executive Order shall
take effect fifteen (15) 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 17th day of May, in the year of Our Lord, nineteen hundred and
ninety-one.
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Since 19.07.98.