EXECUTIVE ORDER NO. 149
EXECUTIVE ORDER NO. 149 -
DEACTIVATION OF THE SOUTHERN PHILIPPINES DEVELOPMENT AUTHORITY
WHEREAS,
the Southern Philippines Development Authority (SPDA) is one of the
agencies attached to the Office of the President;
WHEREAS, some of the functions of SPDA are also being performed by
other existing agencies of the Government;
WHEREAS, there is a need to constantly monitor the overlapping of
functions among the agencies of Government to avoid duplicity of work
and in order to streamline the functions of the bureaucracy;
WHEREAS, under Sec. 74 of Republic Act No. 9162 or FY 2002 General
Appropriations Act, the President may direct changes in the
organization and key positions in any department, bureau or agency; and
WHEREAS, Republic Act No. 6656 recognizes the need to protect the
security of tenure of civil service officers and employees in the
reorganization process without sacrificing the promotion of morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in
the civil service pursuant to Article IX, B, Sec. 3 of the
Constitution.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Deactivation of SPDA. — The Southern
Philippines Development Authority (SPDA) is hereby deactivated
effective immediately. The positions of members of the Board of
Directors, Board of Advisers and Administrator are hereby declared
vacant.
Sec. 2. Creation of Task Force. — A Task Force is
hereby created to be chaired by the Presidential Assistant for
Mindanao, with representatives from the Department of Budget and
Management (DBM), National Economic & Development Authority (NEDA)
and the Office of the Presidential Adviser on the Peace Process (OPAPP)
as members, that shall oversee the deactivation process of SPDA.
The Task Force shall be assisted by a skeletal force consisting of SPDA
personnel or personnel assigned from the members of the “Task Force for
the task winding-up SPDA’s operations and the safekeeping of its
resources. Unless otherwise transferred to other agencies, members of
the skeletal force from SPDA shall be deemed separated from the service
due to abolition of position pursuant to a bona fide reorganization
effective 30 June 2003.
Sec. 3. Functions of Task Force. — The Task Force
shall have, among others, the following functions:
(a)
Recommend to the Office of the President (OP) not later than 30 March
2003 the dispositive action with reference to the functions, personnel,
assets and liabilities of SPDA;
(b) Implement
the disposition of functions, personnel, assets and liabilities as
approved by the OP in coordination with the appropriate agencies;
(c) Safeguard
the assets of SPDA pending their final disposition;
(d) Cause the
filing of criminal and/or administrative cases against any party who
may be found liable for any wrongdoing in the course of the audit of
SPDA’s operations; and
(e) Perform
such other functions as may be directed by the President.
Sec. 4. Transfer or Re-Employment of SPDA
Personnel. — SPDA personnel shall be given priority in hiring for
existing vacant positions in other government agencies, subject to
compliance with established qualification standards set by the
receiving agencies. The transfer to or re-employment of SPDA personnel
with other agencies shall be exempt from any prohibition on new hiring.
All accrued leave credits of SPDA personnel shall be paid within the
period provided in the next succeeding section.
Sec. 5. Separation or Retirement of SPDA
Personnel. — Except for those who shall be needed for the skeletal
force, all SPDA personnel whether permanent, contractual, consultant or
job-hired, etc. shall be deemed separated from the service effective 30
December 2002, pursuant to a bona fide reorganization resulting to
abolition, redundancy, merger, division, or consolidation of positions
in order to meet the exigencies of the service. SPDA personnel
qualified for retirement may elect optional retirement as they may deem
proper. All benefits, including payment of accrued leave credits, that
may lawfully be given to SPDA employees by virtue of their transfer,
retirement or separation from services shall be paid within one (1)
month from the filing of the necessary clearances and other pertinent
documents.
Sec. 6. Support of Other Agencies. — The Task
Force may request assistance from the Civil Service Commission and the
Commission on Audit and such other agencies as may be necessary, to
assist in the smooth implementation of this Order.
Sec. 7. Funding Requirements. — Funds for existing
vacant positions in other agencies to be filled up by SPDA personnel,
positions to be transferred to other agencies, and for the skeletal
force shall be sourced from agency savings or, upon request, augmented
by the DBM. The DBM shall give preference to the payment of accrued
leave credits, separation and retirement benefits to SPDA personnel.
Sec. 8. Final Report. — The Task Force shall
submit its final report on the deactivation of SPDA to the President
not later than 30 July 2003.
Sec. 9. Separability Clause. — Any portion or
provision of this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying other portions or provisions of
this Order for as long as such remaining portions can still subsist and
be given effect.
Sec. 10. Repealing Clause. — All executive orders,
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. 11. Effectivity. — This Executive Order shall
take effect immediately upon its publication in a national newspaper of
general circulation.
DONE in the City of Manila,
this 19th day of November in the year of Our Lord, Two Thousand Two.
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Since 19.07.98.