EXECUTIVE ORDER NO. 460
EXECUTIVE ORDER NO. 460 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO THE POWERS AND FUNCTIONS OF THE DEPARTMENT OF
AGRICULTURE, THE CONTROL AND SUPERVISION OVER ITS OFFICES IN THE REGION
AND FOR OTHER PURPOSES
WHEREAS,
Section s 15 to 19, Article XII of Republic Act No. 6734, otherwise
known as the Organic Act for the Autonomous Region in Muslim Mindanao
(ARMM) in the Autonomous Regional Government (ARG) responsibility over
agriculture, fisheries and aquatic resources in the said region;
WHEREAS, the Oversight Committee created under the said Act recommends
that the powers and functions as well as the control and supervision
over the offices of the Department of Agriculture (DA) within the ARMM
be placed under the Autonomous Regional Government (ARG);
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. Transfer of Powers and Functions. — The
following powers and functions of the Department of Agriculture (DA),
including enumerated under Sec. 5 of Executive Order No. 116, series
of 1987, are hereby transferred to the Autonomous Regional Government
(ARG):
a.
Provide integrated services to farmers and fishermen and other food
producers on production, utilization, conservation and disposition of
agricultural and fishery resources;
b. Plan,
formulate policies, implement and monitor programs and projects
relating to agriculture/food production and supply.
c. Promulgate
and enforce all laws, rules and regulations governing the conservation
and proper utilization of agricultural and fishery resources;
d. Establish a
central information system to serve the production, marketing and
financing data requirements of the farmers as well as investors in
agri-business ventures.
e. Provide
comprehensive and effective extension services and training to farmers
and other agricultural entrepreneurs on the production, marketing and
financing aspects of agricultural enterprises;
f. Conduct,
coordinate and disseminate research studies on appropriate technologies
for the improvement and development of ARMM’s agricultural crops,
fisheries and other allied commodities, in coordination with the DA;
g. Provide the
mechanism for the participation of farmers and fishermen and
entrepreneurs at all levels of policy making and plan/program
formulation:
h. Coordinate
with and/or call upon other public and private agencies for cooperation
and assistance on matters affecting ARG’s plans, policies and programs;
i. Issue
clearance for the importation and exportation of fishery and
agricultural commodities in accordance with existing guidelines, laws,
rules and regulations of concerned national agencies. In this regard,
the ARG shall take note of the list of exportable items and banned
commodities, subject to future revision as deemed necessary; and
j. Approve
charter contracts and issue special commercial fishing boat licenses
(SCBLF) for chartered foreign fishing boats within the jurisdiction of
the ARMM or up to and including all waters within twelve (12) nautical
miles from the coastline. The ARG’s approval of SCBLF shall be in
accordance with the policies, rules and regulations and guidelines of
national agencies concerned including the Philippine Coast Guard,
Marine Industry Authority, Departments of Foreign Affairs, Agricultural
and Labor.
The following functions of the Secretary of Agriculture, insofar as the
ARMM is concerned, are hereby devolved to the ARG:
a.
Promulgation of rules, regulations and other issuances relative to
agriculture and fishery;
b. Establish
policies and standards for the efficient and effective operations of
the ARG in accordance with the programs of the ARMM;
c. Promulgate
and enforce laws, rules, regulations, and other issuances necessary in
carrying out the ARMM’s mandate, objectives, policies, plans, programs
and projects;
d. Exercise
supervision and control over all functions and activities pertaining to
agriculture, fisheries and aquatic resources;
e. Delegate
authority for the performance of any administrative or substantive
function to any officer of rank in the ARG; and
f. Perform
such other functions as may be provided for by Regional law.
The ARG shall exercise within its territorial limits, following powers
and functions of the Bureau of Fisheries and Aquatic Resources (BFAR)
as provided in Presidential Decree No. 704, as amended:
a.
Determination and designation of fish landing points for all commercial
fishing boats:
b.
Jurisdiction over fish pens and seaweed culture in municipal centers;
c. Regulation
and supervision of the production, capture and gathering of fish and
fishery/aquatic products; and
d. Designation
of an area or areas in the ARMM as fishery reservations for the
exclusive use of the ARG or of any of its political subdivisions,
agencies or instrumentalities, or of the inhabitants therein, or for
the culture of fish and other aquatic animals for educational, research
and scientific purposes.
Sec. 2. Powers and Functions Retained. — All
powers and functions not specified herein including those with national
implications shall be retained by the Department of Agriculture.
Sec. 3. Programs and Projects. — All regular
locally-funded projects and programs of the Department of Agriculture
which are being implemented by the provincial offices within the ARMM
shall be transferred to the ARG.
Sec. 4. Personnel. — (1) All plantilla positions,
filled or unfilled, assigned to the affected provincial agriculture
offices shall be transferred to the ARG.
(2) All personnel holding these plantilla positions
shall be absorbed by the ARG and shall retain their seniority rights,
compensation and other benefits.
(3) Personnel who decline to transfer or be absorbed
by the ARG shall have the following options as outlined by the Civil
Service Commission:
a.
Retirement, if eligible;
b. Remain with
the DA in another region subject to availability of vacant positions;
c. Transfer to
another government agency subject to availability of positions; or
d. Voluntary
resignation;
Sec. 5. Assets and Equipments. — All assets and
equipments already existing and being utilized in the four provinces
covered by the ARMM shall be turned-over to the ARG.
Sec. 6. Properties. — All DA properties within the
ARM shall be transferred to the ARG.
Sec. 7. Budget. — Balances of budgetary
allocations for the four provinces in the ARMM for FY 1991 as of the
date of transferred shall be turned over to the ARG. Budgetary
allocations shall include appropriations for personal services,
maintenance and other operating expenses, and capital outlay.
Sec. 8. Technical Assistance. — The DA shall make
available to the ARG the technical expertise of its six (6) bureaus,
namely:
a.
Bureau of Animal Industry;
b. Bureau of
Plant Industry;
c. Bureau of
Fisheries and Aquatic Resources;
d. Bureau of
Soils and Water Management;
e. Bureau of
Agricultural Research; and
f. Bureau of
Agricultural Statistics.
Sec. 9. Attached Agencies, Council and
Corporations. — (1) The functions, together with the personnel, assets
and equipments, the corresponding budgets, programs and projects being
implemented in the ARMM by the Philippine Coconut Authority and
Philippine Fisheries Development Authority shall be transferred to the
ARG.
(2) Existing foreign-assisted projects of the above
mentioned agencies shall remain under their direct supervision and
shall be turned over only upon their completion.
(3) The DA Secretary shall instruct all other
DA-attached agencies whose areas of expertise are relevant to the ARMM
to assist the ARG in carrying out its agriculture and fisheries
programs.
Sec. 10. Date of Transfer. — The date of transfer
shall be set thirty (30) days after the effectivity of this Executive
Order.
Sec. 11. Separability Clause. — If, for any
reason, any part or provision 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. 12. Effectivity. — This Executive Order shall
take effect fifteen (15) days following 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.