EXECUTIVE ORDER NO. 149, December 28, 1993

STREAMLINING OF THE OFFICE OF THE PRESIDENT

Executive Orders December 28, 1993
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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, Section 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.

Section 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.

Section 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 Section 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.

Section 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 Section 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.

Section 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 Section 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.

Section 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.

Section 7. 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 hereof as long as such remaining portions can still
subsist and be given effect.

Section 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.

Section 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.

(Sgd.) FIDEL
V. RAMOS

President of the Philippines

By the President:

(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

 

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