EXECUTIVE ORDER NO. 430
EXECUTIVE ORDER NO. 430 - FURTHER
STREAMLINING THE BUREAU OF INTERNAL REVENUE IN LINE WITH ITS
COMPUTERIZED INTEGRATED TAX SYSTEM
WHEREAS,
the BIR is undertaking a major transformation to fulfill its vision and
mission and achieve its strategic goals;
WHEREAS, the BIR has to provide and prepare for the full implementation
of the Computerized Integrated Tax System (CITS) within the years 1997
and 1998 and therefore has to institute simultaneously the changes in
its processes, values, skills and structure;
WHEREAS, under Sec. 20, Chapter 7, Title I, Book III of Executive
Order No. 292 (Administrative Code of 1987), the President of the
Philippines is empowered to exercise such powers and functions vested
in him, which are provided for under the laws;
WHEREAS, under Sec. 76 of the General Provisions of Republic Act No.
8250 (FY 1997 General Appropriations Act), the President may direct
changes in the organization and key positions in any department, bureau
or agency;
WHEREAS, under Sec. 78 of the General Provisions of RA 8250, 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;
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. Organizational Structure. — The
organizational structure of the BIR shall define clearly the functions
and responsibilities of the National Office and those of the Regional
Offices and Revenue District Offices, and other units in the field, 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
general direction, guidance and control of the operations of the
internal revenue service. For this purpose, the organizational changes
indicated hereunder are adopted:
1.1
The existing functional groups in the BIR are modified to effect the
reorientation and realignment of the different services and other units
under them.
1.2 The
Commissioner of Internal Revenue, hereinafter referred to as the
Commissioner, shall be the Chief Executive Officer of the BIR and shall
be appointed by the President upon the recommendation of the Secretary
of Finance, hereinafter referred to as the Secretary. For consistent
interaction with both the internal and external stakeholders, the
following services are hereby created directly under the Office of the
Commissioner:
1.2.1
Policy and Planning Service which shall be responsible for the
formulation of policies and guidelines on strategic and operational
planning; establishment of performance evaluation measures; monitoring
and evaluation of accomplishments and changes in policies, plans and
programs; allocation of annual revenue goal; evaluation of the impact
of new tax measures; monitoring of macro-economic performance; and such
other related functions as may be assigned to it by the Commissioner.
1.2.2 Internal
Affairs Service which shall be responsible for the spot-checking of
cash and property accountabilities of all accountable officers;
inspection of procured supplies and services in compliance with
approved specifications and standards; conduct of audit of personnel
performance and internal systems, as well as computer systems;
formulation of the internal security program; and such other related
functions as may be assigned to it by the Commissioner.
1.3
The Operations Group, which shall be headed by a Deputy Commissioner to
be appointed by the President upon recommendation of the Commissioner,
shall be composed of the following Services:
1.3.1
Collection Service which shall be responsible for the formulation of
policies and programs on collection activities; administration of a
nationwide collection program; determination of compliance and
measurement of performance with set programs; monitoring of collection
accountabilities; and such other related functions as may be assigned
to it by the Commissioner.
1.3.2
Assessment Service which shall be responsible for the formulation of
policies and programs relative to assessment activities; administration
of a nationwide assessment program; determination of compliance and
measurement of performance with set programs, and such other related
functions as may be assigned to it by the Commissioner.
1.3.3
Taxpayers Assistance Service which shall be responsible for the
provision of one-stop-shop services to taxpayers’ information and
education program; maintenance of customers’ feedback mechanism;
analysis and evaluation of ways to improve services to taxpayers;
conduct of studies on new service requirements of taxpayers; and such
other related functions as may be assigned to it by the Commissioner.
1.4
The Legal and Enforcement Group, which shall be headed by a Deputy
Commissioner who shall be appointed by the President upon
recommendation of the Commissioner, shall be composed of the following
Services:
1.4.1
Legal Service which shall be responsible for the formulation of
policies and guidelines on the processing of requests for tax
exemptions and claims for informer’s reward; preparation of rulings and
opinions of first impression; preparation of tax legislations,
regulations and other issuances; drafting and interpretation of tax
treaties; and such other related as may be assigned to it by the
Commissioner.
1.4.2
Enforcement Service which shall be responsible for the investigation of
tax fraud, industry audit and other policy cases; monitoring and
evaluation of regulatory activities; institution of civil cases for the
collection of taxes; filing of criminal cases on tax evaders; and such
other related functions as may be assigned to it by the Commissioner.
1.5
The Information Systems Group, which shall be headed by a Deputy
Commissioner to be appointed by the President upon recommendation of
the Commissioner, shall be composed of the following Services and Data
Centers;
1.5.1
Information Systems Development Service which shall be responsible for
the development and acquisition of systems; maintenance and enhancement
of existing information systems; conduct of researches and development
programs on information technology; and such other related functions as
may be assigned to it by the Commissioner.
1.5.2
Information Systems Operations Service which shall be responsible for
the overall operation of all information systems linking the National
Office with the Revenue Data Centers; maintenance of the data warehouse
for various users, as well as external linkages required; systems
management of all technical resources; and such other related functions
as may be assigned to it by the Commissioner.
1.5.3
Information Planning and Quality Service which shall be responsible for
planning of the information requirements to support the business plan
of the Bureau, setting of policies and standards on information systems
and resources; assuring the quality of systems development and
operations; management of the security and access to all information
systems, files and resources; and such other related functions as may
be assigned to it by the Commissioner.
1.5.4 Revenue
Data Centers (RDCs) which shall be responsible for handling the
document processing requirements of the assigned Regional and District
Offices; operation and management of the distributed information
systems; ensuring the integrity of the accounts of taxpayers in the
areas covered; and such other related functions as may be assigned to
it by the Commissioner.
1.6
The Resource Management Group, which shall be headed by a Deputy
Commissioner to be appointed by the President upon recommendation of
the Commissioner, shall be composed of the following Services:
1.6.1
Human Resource Development Service which shall be responsible for
personnel matters, career management, training, and personnel welfare;
and such other related functions as may be assigned to it by the
Commissioner.
1.6.2
Financial Service which shall be responsible for the preparation of the
Bureau’s annual budget; allocation of the budget appropriation in
accordance with the program/project thrusts of the Bureau; maintenance
of accounting records and books of accounts on expenditures and
disbursements; submission of financial reports to management and other
government agencies authorized to receive these reports; and such other
related functions as may be assigned to it by the Commissioner.
1.6.3
Administrative Service which shall be responsible for the procurement
and management of property and supplies; management of records and
forms, and such other functions as may be assigned to it by the
Commissioner.
2.
The Regional Offices (ROs) shall execute and implement the national
policies and programs prescribed by the National Office for the
enforcement of the internal revenue laws of the Philippines. The ROs
and the Revenue District Offices (RDOs) shall report to the Deputy
Commissioner for Operations.
2.1
Each RO shall have the supervision and control over the RDOs within the
Region and shall be responsible for directing and coordinating their
operations.
2.2 The RDOs
shall have supervision and control over other units within the District.
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
diminution in rank and compensation of existing personnel and shall
take into account pertinent Civil Service laws and rules.
On the basis of the organizational changes in this Executive Order, the
Commissioner shall, upon concurrence of the Secretary of Finance,
submit to the Department of Budget and Management for approval the
resultant organizational structure and staffing pattern of the BIR.
Sec. 3. Funding. — The financial resources needed
to carry out the provisions of this Executive Order shall be taken from
funds available in the BIR: Provided, That the total cost of the
approved staffing pattern at full implementation shall not exceed
available funds for Personal Services.
Sec. 4. Implementing Authority. — With the
approval of the Secretary, the Commissioner is hereby authorized to
determine the number of ROs, RDCs and RDOs consistent with the
requirements of the CITS and the principles of economy, efficiency and
effectiveness. The Commissioner is likewise authorized to organize such
units under the Services and Offices authorized under this Executive
Order, subject to DBM evaluation.
The authority herein granted to streamline the BIR shall be exercised
only once.
Sec. 5. Implementing Rules and Regulations. — The
Commissioner, with the approval of the Secretary, 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. 6. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 28th day July, in the year of Our Lord, Nineteen Hundred and
Ninety-Seven.
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Since 19.07.98.