EXECUTIVE ORDER NO. 251
EXECUTIVE ORDER NO. 251 - FURTHER
DEFINING THE SUPERVISION AND COORDINATION OF POLICIES, PLANS AND
PROGRAMS BY THE DEPARTMENT OF FINANCE OVER CERTAIN GOVERNMENT FINANCIAL
INSTITUTIONS
WHEREAS,
Executive Order No. 211 s. 2000 “Transferring Supervision of Certain
Government Financial Institutions from the Office of the President to
the Department of Finance” transferred the Development Bank of the
Philippines, Government Service Insurance System, Land Bank of the
Philippines and Social Security System, hereinafter referred to as the
GFIs, from the Office of the President to the Department of Finance for
administrative supervision and program coordination;
WHEREAS, it is proper and desirable to further define the
administrative relationship between the Department of Finance and these
GFIs in accordance with the provisions of Sec. 38, Chapter 7, Book
IV, of the Administrative Code of 1987;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1. Administrative Relationship. — The
Department of Finance shall have administrative supervision over the
GFIs. The Department shall likewise review and coordinate the policies,
plans and programs of government financial institutions in the manner
provided in this Order.
Sec. 2. Administrative Supervision. — (a) The
Department of Finance shall have the authority: (1) to oversee the
general operations of the GFIs and to ensure that they are managed
effectively, efficiently and economically but without interference with
day-to-day activities; (2) to conduct management audit, performance
evaluation and inspection to determine compliance with policies,
standards and guidelines of the Department of Finance; (3) to take such
action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other
forms of maladministration; and, (4) to review and pass upon budget
proposals of the GFIs but may not increase or add to them;
(b) The authority of the Department shall not extend
to: (1) appointments and other personnel actions; (2) loans and
contracts entered into by the GFIs in the pursuit of their objectives,
the review of which and other procedures related thereto shall be
governed by appropriate laws, rules and regulations; and (3) the power
to review, reverse, revise or modify the decisions of the GFIs done in
the exercise of their regulatory or quasi-judicial functions.
Sec. 3. Policy, Plans and Program Coordination. —
(a) The Department of Finance shall have the authority to review and
coordinate the policies, plans and programs of government financial
institutions and thereafter, consistent with the lateral relationship
to the GFIs vested with the Department of Finance, provide the general
policies through its representative, if there is one, to the board of
the GFIs, or if the Department of Finance has no representative,
provide such policies directly to the board of the GFIs. In case of the
latter GFIs, the Secretary of Finance may send an observer at the board
or board committee meetings of these GFIs; provided, that henceforth,
as soon as a vacancy occurs, a representative from the Department of
Finance to be recommended by the Secretary of Finance shall be
appointed as a member of the board of directors of the Development Bank
of the Philippines. The general policies provided by the Department of
Finance shall serve as the framework for the internal policies of the
GFIs. The Department of Finance is also authorized to require the GFIs
to comply with a system of periodic reporting which shall reflect the
progress of programs and projects. In the event that the Department of
Finance and the head of the board or the attached agency or corporation
strongly disagree on the interpretation and application of policies,
and the Department of Finance is unable to resolve the disagreement,
the Department of Finance shall bring the matter to the President for
resolution and direction;
(b) The foregoing policy, plans and program
coordination functions shall not extend to the day-to-day
administration or all those pertaining to internal operations of the
GFI, which shall be left to the discretion or judgment of the executive
officer of the GFI concerned.
Sec. 4. Reporting Requirements. — All reports
concerning the operations of the GFIs required under the respective
charters of the GFIs to be submitted to the President shall be
submitted through the Department of Finance, which shall then submit
its recommendations to the President in regard to such reports.
Sec. 5. Implementing Rules. — The Secretary of
Finance shall, from time to time, promulgate or issue such rules,
regulations, orders, circulars, or memoranda as may be necessary to
implement this Order.
Sec. 6. GFI Monitoring Office. — The GFI
Monitoring Office is hereby created, which shall be under the Office of
the Secretary of Finance. For this purpose, the Department of Finance
in coordination with the Department of Budget and Management shall
realign or transfer existing and vacant plantilla positions from the
various groups of the Department proper or from the GFIs. In addition,
and upon request by the Department of Finance, the Department of Budget
and Management shall create and fund not more than fifteen (15) new
plantilla positions for the GFI Monitoring Office within sixty (60)
days of receipt of such request, with such salary grades as may be
requested by the Department of Finance.
Sec. 7. Repealing Clause. — This Order shall
supplement Executive Order No. 211 s. 2000. All other executive orders,
rules and regulations, and other issuances or parts thereof that are
inconsistent with the provisions of this Order, are hereby revoked or
modified accordingly.
Sec. 8. Effectivity. — This Order shall take
effect immediately.
DONE in the City of Manila,
this 25th day of May, in the year of our Lord, Two Thousand.
chan
robles virtual law librar
Back to Main
Since 19.07.98.