EXECUTIVE ORDER NO. 481
EXECUTIVE ORDER NO. 481 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION FOR
MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF TRADE
AND INDUSTRY AND THE CONTROL AND SUPERVISION OVER ITS OFFICES WITHIN
THE REGION
WHEREAS,
Executive Order No. 133, series of 1987 mandates the Department of
Trade and Industry as the primary, coordinative, facilitative and
regulatory arm of the government for the country’s trade and industry
activities;
WHEREAS, Republic Act No. 6734, otherwise known as an Organic Act for
the Autonomous Region in Muslim Mindanao provides that the Autonomous
Regional Government recognizes the private sector as the prime mover of
trade, commerce and industry;
WHEREAS, the Oversight Committee created under Republic Act No. 6734
recommends that the control and supervision of the offices of the
Department of Trade and Industry be placed under the Autonomous
Regional Government;
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
powers and functions of the Department of Trade and Industry under
Executive Order No. 133, series of 1987 and as enumerated hereunder are
hereby transferred to the Autonomous Regional Government (ARG):
a.
Plan, implement and coordinate activities of the government related to
trade, industry and investments within the Autonomous Region in Muslim
Mindanao;
b. Promote,
initiate or conduct the annual trade and industry development
conference between the government and the private sector which would be
held at the beginning of the third quarter of the budget year or as
programmed by the Autonomous Regional Government;
c. Build up
and maintain the trade and industry data base of the Regional
Department’s information system through a continuing and well
coordinated program of data search and information processing:
Provided, however, That for purposes of the national data base and
official statistics, the Autonomous Regional Government shall continue
gathering data based on the National Government’s and industry data
base classification system;
d. Develop and
maintain an integrated computerized marketing information system for
trade, industry and investments with a domestic scope: Provided, That
there shall be a tie-up with the Department of Trade and Industry for
international market information;
e. Encourage
and support the formation of People’s Economic Councils within the
Autonomous Region as well as other trade, industry and consumer
protection institutions and associations;
f. Formulate
and implement programs to strengthen industries adversely affected by
the economic crisis, particularly those that have a good probability of
attaining financial viability;
g. Formulate
plans and programs that shall encourage projects which affect dispersal
of industries to the rural areas, promote manufactured goods for
export, and develop small and medium scale industries;
h. Upgrade and
develop the manufacture of local capital goods and precision machinery
components;
i. Coordinate
effort in formulating long-term industry sectoral plans with the
private sector;
j. Promote
domestic trade, marketing and distributions to ensure the rational,
economical and steady flow of commodities from producing and/or
marketing centers to areas in short supply;
k. After due
notice and hearing, establish orderly marketing arrangements for
locally produced and imported manufactured goods, and for raw materials
used by manufacturing and construction done within the Autonomous
Region;
l. Prepare,
for consideration of the Monetary Board, proposed programs in the
commercial banking sector for directing commercial lending facilities
towards priority areas of commercial and development, as well as
coordinate government direct funding and financial guarantee programs
to achieve trade and industry growth;
m. Create, in
cooperation and coordination with the Regional Department of Labor and
Employment, a center which shall provide assistance to the public
relative to industrial relations; and
n. Issue
subpoena and subpoena duces tecum to compel attendance of witnesses and
the production of necessary information, papers and documents which it
may deem necessary in the exercise of its powers and functions.
Furthermore, the powers and functions of the Department of Trade and
Industry Regional Offices and as enumerated hereunder shall be
transferred to the Autonomous Regional Government to wit:
a.
Implement rules and regulations, and the laws, policies, plans,
programs and projects of the Regional Department;
b. Provide
efficient and effective service to the people; and
c. Coordinate
with other local government units, the regional offices of the other
departments and their offices and agencies.
Sec. 2. Powers and Functions Transferred with
Conditions. — The following powers and functions of the Department of
Trade and Industry and as enumerated hereunder shall be transferred to
the Autonomous Regional Government subject to certain conditions:
a.
Formulate the appropriate mechanics to guide and manage the transfer of
appropriate industrial technology within the region subject to national
guidelines established by the Department of Trade and Industry;
b. Promote,
develop, regulate and accredit repair and service enterprises in
accordance with existing laws; and
c.
Administratively adjudicate and impose reasonable fines and penalties
for violation of existing trade and industry laws, subject to the rules
and regulations established by the Department of Trade and Industry
including among others, the schedule of fines and penalties for each
violation.
Sec. 3. Functions Retained. — Functions and powers
with national implications and others which are not expressly provided
for in this Executive Order shall be retained by the Department of
Trade and Industry.
Sec. 4. Programs and Projects. — The locally
funded programs and projects being implemented by the Department of
Trade and Industry within the Autonomous Region shall be transferred to
the Autonomous Regional Government.
The foreign funded program being implemented by the Department of Trade
and Industry and funded by the Asian Development Bank within the
Autonomous Region can be the subject of a Memorandum of Agreement
between the National DTI and the Regional DTI so that its transfer to
the Autonomous Regional Government can be effected.
Sec. 5. Technical Assistance. — The Department of
Trade and Industry shall assist the Autonomous Regional Government in
facilitating the performance of the latter’s economic development
mandate. The following DTI national bureaus may be tapped to provide
support and technical assistance to the Autonomous Regional Government:
a.
Bureau of Export Trade Promotion (BETP);
b. Bureau of
International Trade Relations (BITR);
c. Center for
Labor Relations Assistance (CLARA);
d. Bureau of
Import Services (BIS);
e. Trade and
Industry Information Center (TIIC);
f. Bureau of
Trade Regulation and Consumer Protection (BTRCP);
g. Bureau of
Small and Medium Business Development (BSMBD);
h. Bureau of
Patents, Trademarks and Technology Transfer (BPTTT);
i. Foreign
Trade Service Corps (FTSC);
j. Bureau of
Domestic Trade Promotion (BDTP); and
k. Bureau of
Product Standards (BPS).
However, in view of its national implications, the powers and functions
of the Bureau of Export Trade Promotion (BETP) and the Bureau of
International Trade Relations (BITR) shall be retained by the
Department of Trade and Industry without prejudice to whatever bureau
or office the Autonomous Regional Government shall create to coordinate
with these Bureaus. The Department of Trade and Industry may create a
special action team/group to ensure that the coordination on areas not
allowed by law to be developed be coordinated to the fullest extent
possible.
The Autonomous Regional Government may establish the appropriate
organizational unit that will allow it to implement the functions
devolved by the Department of Trade and Industry.
Sec. 6. Personnel. — (1) All plantilla positions,
filled or unfilled, assigned to the affected provincial DTI offices
shall be transferred to the Autonomous Regional Government.
(2) All personnel holding these plantilla positions
who are absorbed by the Autonomous Regional Government shall retain
their seniority rights, compensation and other benefits.
(3) For those DTI personnel who refuse to transfer or
be absorbed by the Autonomous Regional Government, the following
options are open to them per Civil Service Commission Memorandum dated
01 October 1990:
(a)
Retirement, if eligible;
(b) Remain
with the line department in another region or office subject to
availability of vacant positions;
(c) Transfer
to another government agency; and
(d) Voluntary
resignation.
Sec. 7. Assets and Equipment. — All assets and
equipment already existing and being utilized by the Department in the
Autonomous Region shall be returned over to the Autonomous Regional
Government: Provided, That corporate assets and equipment of the
defunct National Cottage Industries Development Authority shall be
excluded from the transfer.
Sec. 8. Budget. — The budgetary allocation or the
balance thereof for the four provinces within the Autonomous Region for
CY 1991 as of the date of transfer shall be turned over to the
Autonomous Regional Government.
Sec. 9. Date of Transfer. — The Department of
Trade and Industry shall effect full transfer of all its functions,
assets and equipment after thirty (30) days following the effectivity
of this Executive Order.
Sec. 10. Separability Clause. — If for any reason,
any part or provision of this Executive Order shall be held
unconstitutional or invalid, any part or provision hereof which are not
affected thereby shall continue to be in full force and effect.
Sec. 11. 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 24th day of September, in the year of Our Lord, nineteen hundred
and ninety-one.
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Since 19.07.98.