EXECUTIVE ORDER NO. 178
EXECUTIVE ORDER NO. 178 - FURTHER
DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS
REGION IN MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE
DEPARTMENT OF SCIENCE AND TECHNOLOGY, AMENDING FOR THIS PURPOSE
EXECUTIVE ORDER NO. 425, SERIES OF 1991
WHEREAS,
Executive Order No. 425, Series of 1991, issued pursuant to Republic
Act No. 6734, effected the devolution to the Autonomous Regional
Government (ARG) of the Autonomous Region in Muslim Mindanao (ARMM)
certain powers and functions of the Department of Science and
Technology (DOST), including the control and supervision over its
offices, programs and projects in the ARMM;
WHEREAS, Republic Act No. 9054 was enacted into law on March 31, 2001
in order to strengthen and expand the Organic Act for the ARMM, and the
same was ratified on August 14, 2001 with the addition of the Province
of Basilan (except Isabela City) and City of Marawi to the original
four provinces comprising the ARMM;
WHEREAS, it is the policy of the National Government to devolve, as far
as practicable and consistent with the Constitution and Republic Act
No. 6734, as amended by Republic Act No. 9054, as many functions and
powers of national government agencies to the ARG;
WHEREAS, the devolution of powers and functions of the National
Government to the ARG is part of the government’s peace process to find
ways and means for a durable and lasting peace in Mindanao; and
WHEREAS, the Oversight Committee created pursuant to Republic Act No.
9054 deemed it imperative to further devolve certain powers and
functions of DOST to the ARG.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1. Transfer of Powers and Functions. — In
addition to the powers and functions of the DOST previously devolved to
the ARG pursuant to Executive Order No. 425 (Series of 1991), the
following powers and functions are hereby devolved from DOST to the ARG:
a)
Administration of Scientific and Technological (S&T) Scholarships,
Awards and Grants;
b) Development
and Improvement of S&T Education and Training;
c)
Administration of S&T Incentive and Career System;
d) Conduct of
Research and Development (R&D) on Information Technology and
Advanced Fields; and
e) Venture
Financing.
The identification and selection of scholars through nationwide
competition shall be retained by the DOST National, while
implementation and management thereof shall be undertaken by the ARG.
Sec. 2. S&T Programs and Projects. —
Consistent with the devolved powers and functions, the ARG shall
formulate and develop S&T programs and projects, such as but not
limited to the following:
a.
Technology Transfer, Promotion and Commercialization;
b. Research and Development;
c. Science and Technology Services;
d. S&T Culture;
e. S&T Manpower and Infrastructure;
f. Information Systems and Data Bank;
g. S&T Institutional Linkages; and
h. S&T Advocacy.
Sec. 3. Planning and Programming. — DOST shall
involve DOST-ARMM in all its planning and programming activities to
ensure that DOST-ARMM priorities are taken into account and the
standards are in accordance with the National S&T Plan.
Sec. 4. Coordination of Programs and Projects. —
For purposes of developmental activities in the region and to ensure
consistency with the National S&T plan, the DOST-ARMM shall:
a.
Coordinate with the DOST and DOST Councils and Institutes for technical
assistance requirements and for S&T related activities;
b. Be involved
in the S&T programs and projects that are implemented in the region
(planning, programming and implementation stages) of DOST and DOST
Councils and Institutes; and
c. Be a member
of the Mindanao DOST Cluster Organization (Minda-DOST) as a component
region in Mindanao.
Sec. 5. Personnel. — The following rules shall
govern the personnel of the DOST assigned in the Province of Basilan,
except Isabela City, and the City of Marawi:
a.
All plantilla positions, filled and unfilled effectively assigned to,
or with the Province of Basilan, (except Isabela City) and Marawi City
as their official station, shall be placed immediately under the
control and supervision of the ARG.
b. Personnel
absorbed by the ARG shall retain their seniority rights, compensation,
and other benefits in accordance with Civil Service laws, rules and
regulations.
c. Personnel
declining to be absorbed by the ARG shall have the following options:
c.1
Retirement — All affected personnel qualified for retirement may elect
retirement, as may be provided by law. All benefits, including payment
of accrued leave credits, that may be lawfully given to affected
employees by virtue of their transfer, retirement or separation from
service shall be paid within one (1) month from the filing of the
necessary clearance and other pertinent documents.
c.2 Transfer —
Affected 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.
c.3
Resignation — Separated personnel not eligible for retirement under
existing laws shall be entitled to all benefits provided under existing
Civil Service Laws.
Sec. 6. Assets, Equipment and Budget. — All
assets, equipment, budgetary allocation and properties being utilized
or programmed for use for the Province of Basilan and the City of
Marawi shall be turned-over to the ARG of the ARMM, with the exception
of the budget allocation for teacher training which is fixed at the
national level.
Sec. 7. Implementing Rules. — DOST, in close
coordination with the ARG, shall issue implementing rules and
regulations to effect the devolution and turn-over within ninety (90)
days from effectivity of this Executive Order.
Sec. 8. Date of Transfer. — The DOST shall effect
full transfer of its functions, personnel, assets, equipment and budget
within 90 days following the effectivity of this Executive Order.
Sec. 9. Repealing Clause. — All laws, decrees,
orders, rules and regulations and other issuances or parts thereof,
which are inconsistent with this Executive Order are hereby repealed,
modified and amended accordingly.
Sec. 10. Effectivity. — This Executive Order shall
take effect fifteen (15) days after its publication in a national
newspaper of general circulation and one local newspaper of general
circulation in the ARMM.
DONE in the City of Manila,
this 27th day of February, in the year of Our Lord, Two Thousand and
Three.
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Since 19.07.98.