EXECUTIVE ORDER NO. 888
EXECUTIVE ORDER NO. 888 -
AUTHORIZING MINISTERS AND HEADS OF MINISTRIES/AGENCIES TO DISPOSE OF,
THEIR RESPECTIVE UNSERVICEABLE EQUIPMENT AND DISPOSABLE PROPERTY
WHEREAS, there are now existing in the
various Ministries/Agencies of the Government and their respective
field offices throughout the country considerable quantity of
unserviceable equipment and property deteriorating and exposed to the
elements;
WHEREAS, a more expeditious disposal procedure of unserviceable
equipment and property deteriorating and exposed to elements;
WHEREAS, a more expeditious disposal procedure of unserviceable
equipment and property is necessary in order to check further
deterioration;
WHEREAS, the defunct Ministry of Public Highways has been authorized
under Presidential Decree No. 147, as amended by Presidential Decree
No. 494, to dispose of, all its unserviceable equipment and property;
WHEREAS, to further facilitate disposal of unserviceable equipment and
property of all Ministries/Agencies of the Government, there is a need
to prescribe a uniform and expeditious procedure of government property
disposal;
WHEREAS, to attain this objective, there is a need to authorize all
Ministers and Heads of Ministry/Agency to dispose of, all their
unserviceable equipment and property in the same manner that the
defunct Ministry of Public Highways has been so authorized;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and ordain:
Section 1. Authority to Dispose. — The provisions of
existing laws, rules and regulations to the contrary notwithstanding
the Ministers or Heads of Ministries/Agencies of the Government shall
have the full and sole authority and responsibility to dispose of, all
unserviceable equipment and property of their respective
Ministries/Agencies;
Sec. 2. Disposal Committee. — To expedite disposal
of these unserviceable equipment and property, a Disposal Committee is
hereby created respectively in each Ministry and Agency, to be composed
of the representatives of the following offices:
1.
Owning Ministry or
Agency —
Chairman
2. Bureau of
Supply Coordination — Member
3. Commission
on Audit
— Member
Sec. 3. Duties of the Disposal Committee. — The
Committee shall establish a standard operating procedure to govern its
action and shall perform the following functions:
(1)
Inspect or authorize the Ministries/Agencies field offices to inspect
the unserviceable equipment and property to verify justification for
disposal;
(2) Set the
final appraised value of all disposable property considering
obsolescence, market demand, physical condition and result of previous
biddings for similar property;
(3) Recommend
to the Minister or Head of Ministry/Agency for approval, the manner of
disposal taking into consideration the pertinent provisions of the
Revised Administrative Code and the National Auditing Code;
(4) Conduct
public bidding for the sale of the disposable property on an “AS IS,”
“WHERE IS” basis and to recommend corresponding award;
(5) The
representatives of the Commission on Audit and the Bureau of Supply
Coordination together with the COA Technical Staff specifically
assigned to the Disposal Committee, shall be clothed with full
authority to make final decisions in behalf of their respective offices
in the various committee deliberations;
(6) In the
case of agencies attached to certain Ministries, recommendations of the
Disposal Committee is a subject to the final approval of the Minister
concerned.
Sec. 4. Regional Disposal Committee. — To
facilitate disposal of unserviceable equipment and property in the
Regional field offices, the Minister concerned is hereby authorized to
create Regional Disposal Committee, as he may deem necessary, in each
region to conduct public biddings for the sale of these disposable
property on as “AS IS,” “WHERE IS” basis. The Regional Disposal
Committee shall be composed of the representatives of the following
offices:
1.
Regional Office of the Owning
Ministry or Agency — Chairman
2. COA
Regional
Office
— Member
3. Bureau of
Supply Coordination — Member
This Regional Disposal Committee is hereby clothed with the same
authority and charged with the same functions as the Disposal Committee
provided that all its recommendations shall be subject to final
approval of the Minister or Head of Ministry/Agency concerned.
Sec. 5. Disposal Documents. — Accountable
officials in possession of unserviceable equipment shall submit to the
Disposal Committee thru their respective heads of appropriate office,
Inventory and Inspection Report (General Form No. 17-A), supported by
individual equipment survey reports and current photographs (two view
each). In the case of waste materials and worn-out obsolete spare
parts, the Waste Material Report General Form No. 64-A shall be used.
The heads concerned, after processing such reports, shall refer same to
the Disposal Committee or the Regional Disposal Committee, as the case
may be, with their recommendations.
Sec. 6. Modes of Disposal. — Any one of the
following modes of disposal, whichever is most appropriate, shall be
considered:
(1)
Sale thru public bidding. Sale shall be widely publicized and the
Committee appraised value which shall be the minimum selling price
should be at realistic levels considering market demand, physical
condition, obsolescence and all other relevant factors;
(2) Should the
sale thru public bidding be unsuccessful, the Committee may dispose
these property at any manner deemed cost advantageous to the
government, including thru barter or negotiated sale at not less than
the Committee appraised value;
(3) Barter
with other government agencies and government owned or controlled
corporation.
Sec. 7. Dropping from the book of accounts of
disposed property shall be subject to existing accounting and auditing
regulations.
Sec. 8. Secretariat. — A Secretariat and technical
staff to be manned from existing personnel of the Ministry/Agency
concerned shall be formed to handle all the Committee’s technical and
administrative matters as well as the safekeeping and systematic filing
of Committee documents and records.
Sec. 9. All existing Executive Orders, Letters of
Instruction, Letters of Implementation, rules and regulations, which
are inconsistent herewith are hereby repealed, amended or modified
accordingly.
Sec. 10. This Executive Order shall take effect
upon approval.
Done in the City of Manila,
this 18th day of March, in the year of Our Lord, nineteen hundred and
eighty-three.
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Since 19.07.98.