SUPPLEMENTING EXECUTIVE ORDER NO. 191 ON THE DEACTIVATION OF THE ECONOMIC INTELLIGENCE AND INVESTIGATION BUREAU AND FOR OTHER MATTERS

National Administrative Register December 1, 1999 [ EXECUTIVE ORDER NO. 223, March 29, 2000 ]



WHEREAS, Executive Order No. 191 directs the deactivation of the
Economic Intelligence and Investigation Bureau (EIIB), including the
termination or integration of its employees, the transfer of its assets
and liabilities and the performance of its functions by other agencies,
due to redundancy and duplication of functions;

WHEREAS, Republic Act No. 8760 mandates the winding up of the
activities and operations of the EIA and appropriates P44,922,000.00 for
this specific purpose;

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, Section 3 of the
Constitution;

WHEREAS, there is a need to maintain and coordinate certain economic
intelligence operations in the Department of Finance and its attached
bureaus and agencies;

WHEREAS, the deactivation of EIA and the final disposition of its
personnel, assets and liabilities require inter-agency coordination for
its smooth and orderly implementation;

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:

SECTION 1. Creation of Task Force. β€” A Task Force
is hereby created to be chaired by the Executive Secretary, with the
Secretary of Finance, the Secretary of Budget and Management and the
Secretary of Justice as members, that shall provide policy guidelines
for, and oversee, the final disposition of personnel, functions, assets
and liabilities of the EIA.

SECTION 2. Transfer or Re-Employment of EIA Personnel
. β€” (a) EIA 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 EIA personnel with other agencies
shall be exempt from the prohibition on new hiring under Administrative
Order No. 100 dated 01 December 1999. All accrued leave credits of EIA
personnel shall be paid within the period given in the next succeeding
section.

(b) Transfer of functions under Section 4 hereof may,
where necessary, carry with it transfer of the corresponding position/s
that are not abolished or deemed redundant under Section 3 hereof from
EIA to the absorbing agency; Provided, that, functions inherent to DOF
but have been exercised by EIA and relevant positions shall be
transferred or reverted to DOF. In all cases, the transfer of EIA
personnel shall be subject to qualification standards and the sound
discretion of the appointing authority concerned.

SECTION 3. Separation or Retirement of EIA Personnel
. β€” All EIA personnel occupying positions listed in Annex “A” hereof
shall be deemed separated from the service effective 30 April 2000,
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. EIA 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 EIA employees by virtue of their transfer, retirement or
separation from service shall be paid within one month from the filing
of the necessary clearances and other pertinent documents.

SECTION 4. Transfer of Functions to Other Agencies.
β€” Law enforcement, intelligence and other functions previously
performed by EIA that relate to other agencies, such as the Department
of Finance, National Bureau of Investigation (NBI), Bureau of Internal
Revenue (BIR), and the Bureau of Customs (BOC), shall be transferred to
or performed by the appropriate agency; Provided, that, anti-smuggling
activities shall remain with the Presidential Anti-Smuggling Task Force
“Aduana” until otherwise ordered by the President.

SECTION 5. Cases and Seized Goods . β€” The EIA
skeletal force shall continue to prosecute and defend all pending
judicial and administrative cases for or against the government, the EIA
and its officers and employees filed by reason of or in connection with
the regular performance of its functions. All seized goods in the
custody of EIA shall remain in its safekeeping and shall not be released
without the authority of the Secretary of Finance.

SECTION 6. Transfer of Assets and Liabilities. β€” All assets and liabilities of EIA are hereby transferred without cost to the DOF pending appropriate, final disposition.

SECTION 7. Extension of Period . β€” The Task Force,
in coordination with other concerned agencies, is hereby given until 30
June 2000 within which to fully implement the deactivation of EIA. The
Special Task Force shall be assisted by a skeletal force consisting of
personnel occupying positions listed in Annex “B” hereof, for the task
of winding-up EIA operations and the safekeeping of its resources.
Unless otherwise transferred to other agencies, members of the skeletal
force will be deemed separated from the service due to abolition of
position pursuant to bona fide reorganization effective 30 June 2000.

SECTION 8. Support of Other Agencies. β€” 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.

SECTION 9. Funding Requirements. β€” Funds for
existing vacant positions in other agencies to be filled up by EIA
personnel, positions to be transferred to other agencies, for the
extension until 30 April 2000, and for the skeletal force shall be
sourced from agency savings or, upon request, augmented by the
Department of Budget and Management (DBM). The DBM shall give preference
to the payment of accrued leave credits, separation and retirement
benefits to EIA personnel from the Miscellaneous Personnel Benefits
Fund. The DBM shall also augment the DOF budget to service amortization
payments and maintenance expenses for the EIA Building/s and other
capital assets.

SECTION 10. Final Report . β€” The Task Force shall
submit its final report and recommendation on the deactivation of EIA to
the President not later than 30 September 2000.

SECTION 11. Separability Clause . β€” 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
the Order for as long as such remaining portions can still subsist and
be given effect.

SECTION 12. Repealing Clause . β€” 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.

SECTION 13. Effectivity . β€” This Executive Order shall take effect immediately.

Adopted: 29 March 2000

(Sgd.) JOSEPH EJERCITO ESTRADA

By the President:

(SGD.) RONALDO B. ZAMORA
Executive Secretary