EXECUTIVE ORDER NO. 149
EXECUTIVE ORDER NO. 149 -
STREAMLINING OF THE OFFICE OF THE PRESIDENT
WHEREAS, the government is
committed to streamline the bureaucracy, and specifically adopt a
homogeneous grouping of functionally related government agencies;
WHEREAS, several agencies now under the Office of the President perform
functions that are similar and/or related to those of a certain
departments and/or agencies and can therefore be made more effective if
transferred thereto for policy and program coordination and integration
and/or administrative supervision; and
WHEREAS, Sec. 31, Chapter 10, Title III, Book III of Executive Order
No. 292, otherwise known as the Administrative Code of 1987, provides
continuing authority to the President to reorganize the administrative
structure of the Office of the President.
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. Declaration of Policy. — It is hereby
declared the policy of government, in general, and of the Office of the
President, in particular, to streamline the bureaucracy and effect the
homogeneous grouping of functions and agencies to appropriate
departments and or agencies. Accordingly, an agency may be placed under
the Office of the President subject to the following
conditions:
(a)
such agency provides direct staff assistance and support to the
President: or
(b) such
agency performs functions that require the immediate attention of the
President.
Sec. 2. Streamline of The Office of the President.
— In accordance with the policies enunciated in this Executive Order,
the Office of the President shall be streamlined and re-structured,
through the following dispositive actions:
(a)
Transfer and attachment of agencies/government-owned and/or controlled
corporations to appropriate departments or agencies for policy and
program coordination and integration and/or administrative supervision;
(b)
Integration of agencies/government-owned and/or controlled corporations
with departments or agencies;
(c) Abolition
of functions, programs or agencies, subject to pertinent provisions of
law; and
(d) Retention
of agencies/government-owned and/or controlled corporations with the
Office of the President, subject to the conditions set forth in Section 1 of this Executive Order.
Sec. 3. Dispositive Actions. — The transfer or
integration of the following agencies/government-owned and/or
controlled corporations from the Office of the President to the
departments and/or agencies hereunder indicated shall be effected as
follows:
3.1
Transfer Of Regular Agencies to Appropriate Departments And/Or
Agencies. The following agencies are hereby transferred from the Office
of the President to the respective departments and/or agencies
indicated thereunder, for policy and program coordination and
integration and/or administrative supervision;
(a)
The National Statistical Coordination Board to the National Economic
and Development Authority;
(b) The
Commission on Filipino Language to the Department of Education, Culture
and Sports;
(c) The
Philippine Center Management Board to the Department of Foreign
Affairs;
(d) National
Statistics Office to the National Economic and Development Authority;
and
(e) The
Statistical Research and Training Center to the National Economic and
Development Authority.
3.2
Transfer of Government-Owned And/Or Controlled Corporations To
Appropriate Departments And/Or Agencies. The following government-owned
and/or controlled corporations are hereby transferred from the Office
of the President to the respective departments and/or agencies
indicated hereunder, for policy and program coordination and/or
administrative supervision, consistent with pertinent provision of
Administrative Order No. 59 (s. 1988) and other applicable laws, rules
and regulations:
(a)
The Philippine Deposit Insurance Corporation to the Department of
Finance;
(b) The Laguna
Lake Development Authority to the Department of Environment and Natural
Resources; and
(c) The
Philippine Center for Economic Development to the University of the
Philippines System.
3.3
Transfer Of Regular Agencies For Administrative Supervision and
Eventual Abolition. The following agencies from the Office of the
President are hereby transferred to the departments and/or agencies
indicated hereunder, and shall be eventually abolished in accordance
with law and the terms of Sec. 5 of this Executive Order:
(a)
The Economic Support Fund Secretariat To the Department of Public Works
and Highways;
(b) The Board
of Liquidators to the National Development Company;
(c) The
Development Coordinating Council for Leyte and Samar to the Department
of National Defense;
(d) The
Kalinga Special Development Authority to the Department of National
Defense;
(e) The
Sequestered Assets Disposition Authority to the Presidential Commission
on Good Government; and
(f) The
Philippine Gamefowl Commission of the Games and Amusements Board.
3.4
Integration of An Agency. The Philippine Human Resources Development
Center is hereby integrated with the Presidential Management Staff.
Sec. 4. Implementation Procedures. — The
provisions of this Executive Order shall be implemented in accordance
with the following procedure:
(a)
Preparation to a Function, Rationalization and Integration Program.
Within sixty (60) days upon the effectivity of this Executive Order,
affected departments and/or agencies shall prepare and submit to the
President, through the Department of Budget and Management, a Function,
Rationalization and Integration Program, consistent with Sec. 48 of
Republic Act No. 7645, which shall contain the following:
a.1.
the streamlining and rationalization of the departments and/or agency’s
functions, programs and activities which may have become duplicative,
unnecessary or redundant as a result of the transfer of agencies
thereto for supervision, or integration;
a.2. the
policy integration and rationalization plan for the department and/or
agency indicating the functions, program and activities affected by the
attachment of agencies thereto and setting the mechanism to effect
policy and program coordination; and
a.3. the significant re-focusing, abolition, scaling
down or phasing out function, programs, and activities, the
corresponding shifts in structure and resource allocations, and such
other changes in the staffing as may be necessary to effect the
required streamlining and integration.
(b)
Authority And Responsibility Of The Secretary of Budget And Management.
The Secretary of Budget and Management shall review and make
recommendations to the President on the Function, Rationalization and
Integration Programs, within sixty (60) days upon receipt thereof; and
shall prepare and issue to the agency, within thirty (30) days upon
Presidential approval of said Function, Rationalization and Integration
Program, the necessary action documents authorizing relevant changes in
the functions, program/activity/project structure, internal
organization structure, staffing, and budgetary allocations of the
departments or agencies concerned.
(c)
Implementing Authority and Responsibility of Department Secretaries.
Upon approval of their respective Function, Rationalization and
Integration Programs, Department Secretaries and/or Heads of Agencies
concerned shall, within fifteen (15) days thereof, issue such rules,
regulations and other issuances as may be necessary to ensure the
effective implementation of the provisions of this Executive Order.
Sec. 5. Transitory Provisions. — Prior to the
actual transfer or abolition of agencies, the following interim
arrangements shall be immediately carried out:
5.1
Interim Arrangements for the Eventual Abolition of Agencies. The
Department of Budget and Management is hereby directed to immediately
prepare and submit to the Office of the President the necessary
documentation to effect the actual abolition of the agencies included
under Sec. 3.3 of this Executive Order.
Until
such time that the agencies concerned are actually abolished, the
following personnel policies shall be observed in said agencies:
a.
Non-filling or vacant positions; and
b. Non-renewal
of contracts of all contractual employees including casual and
temporary employees.
Within
thirty (30) days upon the effective of this Executive Order, these
agencies shall submit a report to the Department of Budget and
Management, thru the Department and/or agency to which they were
transferred, an inventory of vacant positions and contracts of all
contractual, casual and temporary employees.
5.2
Interim Arrangements For Transferred Agencies and Corporations. All
agencies and corporations which are transferred shall upon the
effectivity of this Executive Order, immediately confer and coordinate
with the departments and agencies to which they are transferred. In the
meantime that the Function, Rationalization and Integration Programs
are pending evaluation, affected agencies and corporations shall
continue to operate on the basis of existing internal operational
arrangements.
5.3 Scope of
Transfer. Any transfer of an agency or corporation shall include the
functions, appropriations, funds, records, equipment, facilities, other
properties, choses in action, and assets and liabilities of the
transferred agency or corporation, as well as the personnel
thereof.
Sec. 6. Notice of Consent Requirements. — If any
organizational change herein authorized 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 of consent requirement shall be complied
with prior to the implementation of the Function, Rationalization and
Integration Program.
Sec. 7. Separability Clause. — Any portion or
provision of this Executive Order that may be declared unconstitutional
other portions or provisions hereof as long as such remaining portions
can still subsist and be given effect.
Sec. 8. Repealing Clause. — All executive rules,
regulations and other issuances or parts thereof which are inconsistent
with the provisions of this Executive Order are hereby revoked or
modified accordingly.
Sec. 9. Effectivity. — This Executive Order shall
take effect fifteen (15) days after the completion of its publication
in at least one (1) national newspaper or general circulation.
DONE in the City of Manila,
this 28th day of December, in the year of our Lord, Nineteen Hundred
and Ninety-Three.
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Since 19.07.98.