EXECUTIVE ORDER NO. 132
EXECUTIVE ORDER NO. 132 - APPROVING
THE STREAMLINING OF THE BUREAU OF INTERNAL REVENUE
WHEREAS, there is an urgent need
for increased and efficient tax collection to support the economic
development and growth of the Philippines;
WHEREAS, to achieve this goal, it is imperative that the Bureau of
Internal Revenue, the government office tasked with the administration
and enforcement of Philippine tax laws, be strengthened in order to
establish public confidence in, and obtain maximum voluntary compliance
with, Philippines tax laws and their administration;
WHEREAS, the streamlining of the organization and operations of the
Bureau of Internal Revenue is necessary to decentralize its line
functions, thereby strengthening its Regional and Revenue District
Offices in the implementation and enforcement of tax laws;
WHEREAS, under Sec. 20, Book III of Executive Order No. 292,
(Revised Administrative Code), the President is empowered to exercise
such other powers and functions vested in him which are provided for
under the laws;
WHEREAS, the President is empowered to approve changes in the
reorganization under Sec. 63 of Executive Order No. 127 (Order
reorganizing the Ministry of Finance) for the purpose of promoting
efficiency and effectiveness in the delivery of public services;
WHEREAS, under Sec. 48 of the General Provisions of Republic Act No.
7645 (General Appropriations Act for FY 1993), heads of departments,
bureaus and agencies are directed to scale down, phase out or abolish
activities no longer essential in the delivery of public services; and
WHEREAS, under Sec. 62 of the General Provisions of Republic Act No.
7645, the President may direct changes in the organization and key
positions in any department, bureau or agency.
WHEREAS, as additional requirement for the fully integrated
computerization of tax administration as recommended by the NEDA and
approved by the President and the implementation of the 5-Year Bureau
of Internal Revenue Computerization program requires the direction,
supervision and coordination of a Deputy Commissioner;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Streamlining of the Organization
Structure. — The organization structure of the Bureau of Internal
Revenue shall define clearly the functions and responsibilities of the
National Office and those of the Regional Offices, as follows:
1.
The National Office shall develop and formulate broad national tax
administration policies and programs, for efficient and effective
implementation of internal revenue laws and regulations and establish
the general direction, guidance and control of the entire operations of
internal revenue service. For this purpose, the following
organizational changes are adopted:
1.1
The existing functional groups in the Bureau are restructured to effect
the functional reorientation of the Services and divisions under them.
1.1.1
The Legal Service, which shall be headed by an Assistant Commissioner
who shall be assisted by a Revenue Head Executive Assistant, is placed
directly under the Office of the Commissioner, together with the
Legislative. Ruling and Research Division (being renamed as Law
Division) and Appellate Division. The Prosecution Division and
Litigation Division are merged into the Litigation and Prosecution
Division, and the Personnel Inquiry Division is transferred from the
Inspection Service to the Legal Service.
1.1.2 The
Intelligence and Investigation Office and the Inspection Service are
abolish. An Intelligence and Investigation Service is hereby created to
absorb the same functions of the abolished office and service. It shall
be headed by an Assistant Commissioner who shall be assisted by a
Revenue Head Executive Assistant. It is attached directly to the Office
of the Commissioner together with the Tax Fraud Division. The Internal
Security Division is transferred from the abolished Inspection Service
to the Intelligence and Investigation Service. The Fiscal Control
Division is abolished and its functions are transferred to the
Performance Monitoring Service and decentralized to the Regional
Offices.
1.2
The Assessment and Collection Group shall be renamed as the Operations
Group and supervised by a Deputy Commissioner who shall be appointed by
the President upon recommendation of the Secretary of Finance. This
group shall be composed of the following Services, each Service to be
headed by an Assistant Commissioner who shall be assisted by a Revenue
Head Executive Assistant.
1.2.1
Assessment Service — The existing National Audit Review Division and
Tax Credit/Refund Division are abolished and their functions are
transferred to the Regional Offices. The Assessment Performance Control
Division is renamed Assessment Performance Audit Division and
transferred to the Performance Monitoring Service. The Assessment
Programs Division, Asset Valuation Division and Audit Data Bank
Division are created under the Assessment Service.
1.2.2
Collection Service — The existing Collection Enforcement Division and
Accounts Receivable/Billing Division are abolished and their functions
are decentralized to the Revenue District Offices. The Collection
Performance Evaluation Division is renamed Collection Performance Audit
Division are transferred to the Performance Monitoring Service. The
Withholding Tax Division is renamed Withholding Agents Monitoring
Division under the Collection Service. The Revenue Accounting Division
is transferred from the Financial Service to the Collection Service.
The Collection Programs Division is created, and the Large Taxpayers
Division is placed under the Collection Service.
1.2.3 The
Performance Monitoring Service is created under the Operations Group
which shall be headed by an Assistant Commissioner who shall be
assisted by a Revenue Head Executive Assistant. The Regulatory
Operations Monitoring Division is created under the Performance
Monitoring Service. The Assessment Performance Audit Division and the
Collection Performance Audit Division are included in this
Service.
1.2.4 The
Exercise Tax Service and all the divisions under it and the Special
Operations Service and all divisions under it, except the International
Tax Affairs Division which is transferred to the Planning and Research
Service, are abolished and their functions are decentralized to the
Revenue District Offices.
1.2.5
The Revenue Offices and Revenue District Offices shall report to this
Group.
1.3
The Information Systems Group is created which shall be headed and
supervised by a Deputy Commissioner who shall be appointed by the
President upon recommendation of the Secretary of Finance. This group
shall be composed of the following Services, each Service to be headed
by an Assistant Commissioner who shall be assisted by a Revenue Head
Executive Assistant.
1.3.1
The Information Systems Operations Service is created with the
following divisions: Network and Systems Operations Division, Document
Processing Division and Field Technical Support Division.
1.3.2 The
Information Systems Development Service is created with the following
divisions: Systems Acquisition Division, Application Design and
Development Division, Systems Programming and Database Management
Division and Quality Assurance Division.
1.4
The Resource Management Group is created which shall be headed and
supervised by a Deputy Commissioner who shall be appointed by the
President upon recommendation of the Secretary of Finance. This Group
shall be composed of the following Services, each to be headed by an
Assistant Commissioner who shall be assisted by a Revenue Head
Executive Assistant.
1.4.1
The Planning and Research Service — which is renamed as Management
Planning Service. The Planning and Research Division is renamed as the
Planning Division. The Management Information and Data Control System
Division and Public Information and Assistance Division are renamed
Management Division and Public Information and Education Division,
respectively. The Statistical Analysis Division is renamed Statistics
Division and transferred to the Planning and Research Service from the
Financial Service.
1.4.2 The
Financial Service and the Administrative Service are merged into the
Financial and Administrative Service together with the following:
Budget Division, Disbursement Accounting Division which is renamed
Accounting Division, Records Division and Accountable Forms Division.
The Property Division is merged with the General Services Division. The
Procurement Division is created under the Financial and Administrative
Service.
1.4.3 The
Human Resource Development Service is created and shall have the
following divisions: Personnel Division, Career Development Division
which is renamed Training Division and Medical and Dental Division
which are transferred to the Human Resource Development Service from
the abolished Administrative Service. The Career Management Division is
created under the Human Resource Development Service.
1.4.4 The
Computer Information System Service and its four divisions are all
abolished.
2. The
Regional Offices shall directly execute the national policies and
programs prescribed by the Central Office for the enforcement of the
internal revenue laws of the Philippines. They shall have supervision
and control over the Revenue District Offices and shall be responsible
for directing and coordinating their operations within the region.
2.1
The Regional Offices shall be composed of the Office of the Regional
Director, Finance Division, Administrative Division, Legal Division,
Assessment Division, Collection Division and Special Investigation
Division.
2.2 The
Revenue District Offices shall implement programs, methods and
procedures necessary for the efficient, effective and economical
assessment and collection of internal revenue taxes in the revenue
district in accordance with the policies, standards and guidelines
prescribed by the Central Office and the Revenue Regional Office.
Sec. 2. Redeployment of Personnel. — The
redeployment of officials and other personnel on the basis of the
streamlining embodied in this Executive Order shall not result in the
dislocation of existing personnel nor in the diminution of rank and
compensation and shall take into account pertinent Civil Service Law
and rules.
The Bureau of Internal Revenue shall submit to the Department of Budget
and Management the realigned staffing pattern that shall compliment its
streamlined organization structure.
Sec. 3. Policy of Non-Extension of Services Beyond
Compulsory Retirement Age. — It shall be the policy of the Bureau of
Internal Revenue not to allow any extension of service beyond the
compulsory age of retirement in order not to disrupt the revenue
service career system.
Sec. 4. Transfer of Presidential Appointees. — The
Commissioner of Internal Revenue is hereby authorized to transfer and
assign appointees of the President to positions or assignments of
equivalent rank in the Bureau if the exigencies of the service so
require.
Sec. 5. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Bureau of Internal Revenue.
Sec. 6. Implementing Authority. — The Commissioner
of Internal Revenue with the approval of the Secretary of Finance shall
issue the rules and regulations and other issuances as may be necessary
to ensure the effective implementation of the provisions of this
Executive Order.
Sec. 7. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila this
26th day of October in the Year of Our Lord, nineteen hundred and
ninety three.
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