EXECUTIVE ORDER NO. 492
EXECUTIVE ORDER NO. 492 -
TRANSFORMING THE INSTRUCTIONAL MATERIALS CORPORATION INTO A REGULAR
GOVERNMENT AGENCY TO BE KNOWN AS THE INSTRUCTIONAL MATERIALS
DEVELOPMENT CENTER AND FOR OTHER PURPOSES
WHEREAS,
the Instructional Materials Corporation was created as a
government-owned corporation pursuant to Executive Order No. 806,
series of 1982, to implement a “financially viable program for the
development, production and distribution of textbooks and other
materials, both print and non-print, to meet the needs of public
elementary and secondary schools;”
WHEREAS, consistent with the Governments’ Corporate Rationalization
Program, the regularization of the Instructional Materials Corporation
was finally approved by the President on 24 May 1988 upon the
recommendation of the Department of Budget and Management in accordance
with the latter’s mandate under Executive Order No. 5, series of 1986,
and Executive Order No. 165, series of 1987;
WHEREAS, the Secretary of Justice, in Opinion No. 210, series of 1988,
states that “the President may, in the implementation of the
privatization program of the Government, amend or repeal the charters
of government-owned or controlled corporations pursuant to her
delegated legislative authority under Sec. 22 of Proclamation No.
50, which remains to be operative until it is amended, repealed or
revoked by Congress (Sec. 3, Art. XVIII, Constitution);” and
WHEREAS, the Secretary of Justice, in Opinion No. 43, series of 1990,
further states that “the President may amend the charters of GOCC’s . .identified for privatization to effect mergers or consolidations
pending final disposition of such GOCCs to the private sector, . . . if
such disposition action will enhance the implementation of the
privatization program of the government;” that the President may
likewise amend the charters of GOCCS recommended for regularization
into regular line agencies so as to terminate their corporate
existence; and that such “disposition action is also deemed consistent
with the government’s privatization program in that the regularization
of certain GOCCs into regular line agencies would give effect to the
government’s policy to accord primacy to the private sector in
entrepreneurial endeavors and relegate the government to a secondary
role;”
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. — It is the
declared policy of the State to pursue a continuing program to promote
and maintain the quality standards in the country’s education system.
In line with this policy, the establishment of a regular government
agency is necessary to implement a financially viable program for the
development, production and distribution of textbooks and other
instructional materials, both print and non-print, to meet the needs of
public elementary and secondary schools.
Sec. 2. Regularization. — The Instructional
Materials Corporation is hereby transformed into a regular government
agency to be known as the Instructional Materials Development Center,
hereinafter referred to as the Center, which shall be attached to the
Department of Education, Culture and Sports pursuant to Administrative
Order No. 59, series of 1986.
Sec. 3. Purposes and Objectives. — The Center
shall have the following purposes and objectives:
a.
Promote the integration and rationalization of the development and
production utilization and distribution of instructional materials,
such as textbooks, supplementary and reference books, teaching devises,
laboratory and science instruments and audiovisual equipment, to
adequately meet the needs of public elementary and secondary schools;
b. Enhance the
maximum utilization of other instructional materials using audio visual
and instructional technology or programmed self-instructional units;
c. Encourage
the development of appropriate textbooks and other instructional
materials for the various curricula in public elementary and secondary
schools; and
d. Provide the
Department of Education, Culture and Sports the requirements for
textbooks and other instructional materials.
Sec. 4. Powers and Functions of the Center. — The
Center shall have the following powers and functions:
a.
Conduct operations for which it has been lawfully organized and
exercise such powers and perform such acts as are directly or
indirectly necessary for the attainment of its purposes and objectives;
b. Own, lease,
mortgage, encumber or otherwise dispose of real and personal property
as the attainment of its purposes and objectives may reasonably permit
and the conduct of its lawful operations may necessarily require;
c. Enter into
any obligation or contract essential to the proper administration of
its affairs, the conduct of its operations or the accomplishment of its
purposes and objectives;
d. Formulate
policies and programs necessary for the attainment of its purposes, and
objectives which are not contrary to law, morals or public interest,
and amend or repeal the same whenever necessary;
e. Initiate,
formulate and adopt a general plan, based on established policies and
priorities for the development, production, utilization and
distribution of instructional materials, such as textbooks,
supplementary and reference books, teaching devices, laboratory and
science instruments and audio-visual equipment, to adequately meet the
needs of public elementary and secondary schools;
f. Formulate
policy recommendations and standards governing textbooks and
instructional materials for the adoption of the Instructional Materials
Council;
g. Prepare
long and short range instructional materials production and procurement
programs indicating the availability, quality and quantity, the
capacity of local production units, the production costs and price, and
the allocation requirements of the Department of Education, Culture and
Sports for instructional materials;
h. Undertake
the writing of or commission private individuals or organizations to
write textbooks and other instructional materials for the various
curricula of public elementary and secondary education;
i. Publish and
print or cause the publication and printing by contract the prescribed
textbooks and other instructional materials;
j. Distribute
and dispose textbooks and other instructional materials produced for
the Department of Education, Culture and Sports and sell the surplus to
other interested government and private entities at reasonable prices;
k. Engage in
warehousing, sales and distribution operations;
l. Charge
royalties in accordance with applicable laws on the reprinting of
text-books and other instructional materials produced by the Center,
other government entities and the private sector; and
m. Provide the
Instructional Materials Council with the necessary technical assistance
and support.
Sec. 5. Governing Board; Composition: Powers and
Functions. — The Center shall have a Governing Board which shall be
composed of the Secretary of Education, Culture and Sports as
ex-officio Chairman, the Administrator of the Center and a
representative of the Office of the President to be designated by the
President of the Philippines as ex-officio members, and two other
members who shall be appointed by the President of the Philippines for
a term of four (4) years: Provided, That the tenure of the members
first appointed shall be as follows: one for four (4) years and the
other for two (2) years as fixed in their respective appointments.
The members of the Governing Board shall serve and continue to hold
office until their successors shall have been appointed and qualified.
Should a member of the Governing Board fail to complete his term, his
successor shall be appointed by the President of the Philippines but
only for the unexpired portion of the term.
The Governing Board shall be responsible for the formulation and
adoption of substantive and operational policies for the guidance and
implementation of the management staff of the Center.
The Governing Board shall have the following powers and functions:
a.
Formulate policies necessary for the attainment of the purposes and
objectives provided in Sec. 3 hereof and exercise all the powers and
functions of the Center prescribed by Sec. 4 hereof in order to
implement such policies and accomplish such purposes and objectives;
b. Adopt and
promulgate rules and regulations governing the manner in which the
general affairs of the Center are to be exercised and amend, repeal and
modify such rules and regulations whenever necessary;
c. Determine
the organizational structure of the center and create, abolish, merge
or otherwise reorganize positions therein as may be necessary for the
economical effective and efficient discharge of its functions and
responsibilities, subject to the approval of the Department of Budget
and Management;
d. Approve,
with the concurrence of the Department of Budget and Management, the
annual and supplemental budgets submitted to it by the Administrator;
e. Adopt rules
and procedures and fix the time and place for holding meetings:
Provided, That at least one regular meeting shall be held monthly; and
f. Exercise
such other powers and perform such other duties as may be required by
law or assigned by the Secretary of Education, Culture and Sports for
the efficient and effective implementation of this Executive Order.
The members of the Governing Board, except the Chairman, shall receive
per diems as may be authorized for every meeting actually attended and
subject to pertinent laws, rules and regulations.
Sec. 6. Management of the Center. — The authority
and responsibility for the day-to-day management and direction of the
operations and affairs of the Center shall be vested in an
Administrator who shall be its chief executive officer. The
Administrator shall be assisted by an Assistant Administrator. Both the
Administrator and the Assistant Administrator shall be appointed by the
President of the Philippines.
The Administrator shall have the following powers and functions:
a.
Execute, administer and implement the policies and measures approved by
the Government Board;
b. Direct and
manage the affairs and operations of the Center;
c. Submit
within thirty (30) days after the close of every calendar year an
annual report to the Governing Board and such other reports it may
require;
d. Submit an
annual budget and such supplemental budgets as may be necessary to the
Governing Board for its consideration and approval;
e. Represent
the Center in all transactions with other offices, agencies and
instrumentalities of government and with all persons and other
entities, public or private, domestic or foreign;
f. Appoint,
subject to the confirmation of the Governing Board, and discipline for
cause in accordance with Civil Service laws, rules and regulations, the
Center’s officers and personnel below the level of Assistant
Administrator;
g. Delegate in
writing authority, as may be necessary, to subordinate officers and
personnel of the Center; and
h. Perform
such other duties as may be assigned to him by the Governing Board,
which, according to its sound discretion, are necessary for the
efficient and effective implementation this Executive Order.
The Assistant Administrator shall have the following powers and
functions:
a.
Assist the Administrator in the discharge of his powers and performance
of his functions;
b. Act as
Administrator during the Administrator’s absence sickness or other
temporary disability to act as such; and
c. Discharge
such other powers and perform such other functions as may be required
by the Administrator or the Governing Board.
Sec. 7. Coordination with the Instructional
Materials Council. — The Center shall maintain close liaison and
coordination with the Instructional Materials Council and, for this
purpose, the Administrator or his duly authorized representative shall
be an ex-officio member of the said Council.
Sec. 8. Interim Period. — The General Manager of
the Instructional Materials Corporation shall be the Officer-in-Charge
of the Center while the present members of the Board of Directors shall
serve as the temporary Governing Board of the Center pending the formal
activation of the Center by the appointment of the Administrator and
the members of the Governing Board by the President of the Philippines.
The appropriations of the Department of Education, Culture and Sports
for the development and production of textbooks and related
instructional materials and activities in the current General
Appropriations Act, including those already remitted to the
Instructional Materials Corporation as advance payments, shall be
transferred to the Center as determined by the Department of Budget and
Management.
The Center shall have no revolving fund and, except donations, grants,
legacies, devises and other similar acquisitions, its income,
regardless as to the manner acquired and in whatever form, whether as
profits, fees, charges, surcharges, penalties or otherwise, shall form
part of the General Fund. The operations of the Center shall be funded
under the annual General Appropriations Act.
Sec. 9. Personnel and Organizational Policies. —
Upon the regularization of the instructional Materials Corporation, its
officers and employees shall, in a holdover capacity, continue to
perform their respective duties and responsibilities and receive their
corresponding salaries and benefits unless in the meantime they are
separated or retired from the service pursuant to existing laws, rules
and regulations.
The Secretary of Education, Culture and Sports, upon the recommendation
of the Administrator, shall submit the necessary organizational
structure for the Center to the Secretary of Budget and Management
within one hundred and twenty (120) days from the approval of this
Executive Order: Provided, That incumbents of the Instructional
Materials Corporation shall have priority for appointment to the same
or comparable positions in the Center: Provided, further, That the said
incumbents shall have the option to be considered separated or to
retire from the service whenever such option is available to them under
existing laws, rules and regulations. Those incumbents of the
Instructional Materials Corporation whose positions are not among those
positions of the Center or who are not reappointed shall be deemed
separated from the service. Those who are separated or who retire from
the service shall receive the benefits they may be entitled to under
existing laws, rules and regulations.
Sec. 10. Periodic Performance Evaluation. — The
Secretary of Education, Culture and Sports shall formulate and enforce
a system or appraising and evaluating periodically and objectively the
performance of the Center.
Sec. 11. Transfer of Records and Others. — The
records, equipment, facilities, choses in action, rights, other assets
and personnel of the Instructional Materials Corporation are hereby
transferred to the Center for the proper accomplishment of the
objectives of this Executive Order. The appropriations and funds of the
Corporation, if any, shall revert to the General Fund after reserving
the amount necessary to pay the benefits of those separated or retired
from the service under Sec. 9 hereof: Provided, That if the
appropriations and funds of the Corporation are not sufficient to pay
such benefits, the deficiency shall be satisfied from the savings of
the Department of Education, Culture and Sports. 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 of 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 concurrence and preference of
credits.
Sec. 12. Implementing Authority. — The Secretary
of Education, Culture and Sports shall promulgate such rules,
regulations and other issuance as may be necessary to ensure the
efficient and effective implementation of this Executive Order.
Sec. 13. Applicability of References to the
Center. — All references to the Instructional Materials Corporation
under existing laws, rules and regulations and other administrative
issuances, as may still be valid and applicable and insofar as
consistent with the provisions of this Executive Order shall henceforth
be deemed as reference to the Center.
Sec. 14. Notice or Consent Requirements. — If any
reorganizational change 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 requirements shall be complied
with prior to the implementation of such reorganizational change.
Sec. 15. Separability. — Any portion or provision
of this Executive Order that may subsequently be declared
unconstitutional or valid shall not have the effect of nullifying other
portions or provisions hereof as long as such remaining positions or
provisions can still subsist and be given effect in their entirety.
Sec. 16. Repeal. — Executive Order No. 806, series
of 1982, and Letter Of Instructions, No. 1462, series of 1985, and
1463, series of 1985, are hereby repealed. All other laws, rules,
regulations and other administrative issuances or provisions thereof
which are contrary to or inconsistent herewith are hereby repealed or
modified accordingly.
Sec. 17. Effectivity. — This Executive Order shall
take effect after fifteen (15) days from its publication in a national
newspaper of general circulation or in the Official Gazette.
DONE in the City of Manila,
this 29th day of November in the year of Our Lord, nineteen hundred and
ninety-one.
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Since 19.07.98.