EXECUTIVE ORDER NO. 116
EXECUTIVE ORDER NO. 116 - RENAMING
THE MINISTRY OF AGRICULTURE AND FOOD AS MINISTRY OF AGRICULTURE,
REORGANIZING ITS UNITS; INTEGRATING ALL OFFICES AND AGENCIES WHOSE
FUNCTIONS RELATE TO AGRICULTURE AND FISHERY INTO THE MINISTRY AND FOR
OTHER PURPOSES
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section 1 (a) and Article III of the Freedom of
Constitution;
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), it is
directed that necessary and proper changes in the organizational and
functional structures of the government, its agencies and
instrumentalities, be effected in order to promote economy, efficiency,
and effectiveness in the delivery of public services;
CONSIDERING that the new government has given the highest priority to
agricultural development in order to achieve equitable distribution of
benefits and opportunities and to enable farmers and rural populations
to maximize their contribution to the economy;
BELIEVING that the Ministry of Agriculture and Food, the Government
agency established to service the needs of farmers and other food
producers has to be strengthened and its functions aligned consistent
with its central role in the national economic recovery program;
REALIZING that offices/corporations/agencies whose functions relate to
agriculture and/or food production need to be integrated into the
Ministry of Agriculture to ensure a unified policy direction as well as
a coordinated and nationalized approach to agricultural development;
Now, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
people and the Freedom Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Ministry of
Agriculture and Food:
Sec. 2. Reorganization. — The Ministry of
Agriculture and Food is hereby renamed as Ministry of Agriculture,
hereinafter referred to as Ministry, and hereby reorganized,
structurally and functionally, in accordance with the provisions of
this Executive Order.
Sec. 3. Declaration of Policy. — It shall be the
policy of the State promote the well-being of farmers (including the
share tenants leaseholders, settlers, fishermen and the other rural
workers) by providing an environment in which they can increase their
income, improve their living conditions and maximize their
contributions to the national economy. It shall be the policy to
accelerate agricultural and development and enhance the production of
agricultural crops, fisheries and livestocks by optimizing the use of
resources and applying advanced farming systems/modern technology with
the end of the view of attaining food security for domestic use and
expanding diversifying agricultural production for export. It shall
also be the policy to encourage private initiative in agri-business
ventures both in the production and the exportation/importation of food
and other allied commodities.
Sec. 4. Mandate. — The Ministry is the government
agency responsible for the promotion of agricultural development by
providing the policy framework, public investments, and support
services needed for domestic and export-oriented business enterprises.
In the fulfillment of this role, it shall be the primary concern of the
Ministry to improve farm income and generate work opportunities for
farmers/fishermen and other rural workers. It shall encourage people’s
participation in agricultural development through sectoral
representation in agricultural policy-making bodies so that Ministry
policies, plans and programs are formulated/executed to satisfy their
needs.
It shall also use a bottom-up self-reliant farm systems approach that
will emphasize social justice, equity, productivity and sustainability
in the use of agricultural resources.
Sec. 5. Powers and Functions. — To accomplish its
mandate, the Ministry shall have the following powers and functions:
(a)
It shall provide integrated services to farmers/fishermen and other
food producers on productions, utilization, conservation and
disposition of agricultural and fishery resources;
(b) It shall
be responsible for the planning, policy formulation, regulation,
execution, monitoring and/or programs/activities relating
agriculture/food production and supply;
(c) It shall
promulgate and enforce all laws, rules, and regulations governing the
conservation and proper utilization of agricultural resources;
(d) It shall
establish central and regional information systems to serve the
production, marketing and financing data requirements of the farmers as
well as domestic and foreign investors in agri-business ventures;
(e) It shall
provide comprehensive and effective extension services and training to
farmers and other agricultural entrepreneurs on the production,
marketing and financing aspects of agricultural enterprises;
(f) It shall
conduct, coordinate and disseminate research studies on appropriate
technologist for the improvement/development of agricultural crops,
fisheries and other allied commodities;
(g) It shall
provide the mechanism for the participation of farmers/fishermen and
entrepreneurs at all levels of policy making and plan/program
formulation;
(h) It shall
coordinate with and/or call upon other public and private agencies for
cooperation and assistance on matters affecting Ministry plans,
policies and programs.
Sec. 6. Structural Organization. — Ministry, in
addition to the Ministry Proper comprising the Office of the Minister,
the Offices of the Deputy and Assistant Ministers, their immediate
staffs are determined by them respectively, the Panning and Monitoring
Group and the Support Group, shall consist of the services, Bureaus,
and Regional, Provincial, Municipal and Barangay Offices.
Sec. 7. Minister of Agriculture. — The authority
and responsibility for the exercise of the mandate of the Ministry and
for the discharge of its powers and functions shall be vested in the
Minister of Agriculture, hereinafter referred to as Minister, who shall
have supervision and control of the Ministry and shall be appointed by
the President. For such purposes, the Minister shall have the following
functions:
(a)
Advise the President on the promulgation of rules, and regulations and
other issuances relative to agriculture and fishery;
(b)
Established policies and standards for the efficient and effective
operations of the Ministry in accordance with the programs of the
government;
(c) Promulgate
rules, and regulations and other issuances necessary in carrying out
the Ministry’s mandate, objectives, policies, plans, programs, and
projects;
(d) Exercise
supervision and control over all functions and activities of the
Ministry;
(e) Delegate
authority for the performance of any administrative or substantive
function to any Deputy Minister or other officers of rank at the
Ministry Proper;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the President.
Sec. 8. Office of the Minister. — The Office of
the Minister shall consist of the Minister and his immediate staff as
determined by him.
Sec. 9. Assistance to Minister. — The Minister
shall be assisted by five (5) Deputy Ministers, five (5) Assistant
Ministers, the head of the National Food Authority, and the Philippine
Coconut Authority who shall have the rank of Deputy Minister, and such
number of Deputy and Assistant Ministers, who shall be appointed by the
President upon the recommendation of the Minister.
Sec. 10. Deputy Ministers. — The Deputy Ministers
shall assist the Minister in the exercise of the mandate and discharge
of the powers and functions of the Ministry.
The five (5) Deputy Ministers shall be assigned the following functions:
(a)
The Deputy Minister assigned to Regional Operations shall oversee the
implementation of the agricultural plans, policies, programs and
projects of the Ministry’s regional and field offices;
(b) The Deputy
Minister assigned to Staff Operations shall provide staff support
services, particularly in administration and finance, production,
research, training and extension;
(c) The Deputy
Minister assigned to Policy and Planning shall provide policy and
planning support services, particularly in policy formulation/planning,
and agri-business;
(d) The Deputy
Minister assigned to Attached Agencies shall exercise supervision over
the attached agencies to ensure that their operations are in conformity
with the approved plans and policies of the Ministry;
(e) The Deputy
Minister assigned to Special Concerns shall handle priority areas
identified by the Minister for special attention.
Sec. 11. Functions of Deputy Minister. — With
respect to his area of responsibility, a Deputy Minister shall have the
following functions:
(a)
Advise the Minister in the promulgation of Ministry orders,
administrative orders and other issuance, with respect to his area of
responsibility;
(b) Exercise
supervision and control over the offices, services, operating units and
officers (the term “officer” as used in this Executive Order is
intended to be within the meaning of the term “official” as used in the
Freedom Constitution) and employees under his responsibility;
(c) Promulgate
rules and regulations, consistent with Ministry policies, that will
efficiently and effectively govern the activities of units under his
responsibility;
(d) Coordinate
the functions and activities of the units under his responsibility with
those of other units under the responsibility of other Deputy Ministers;
(e) Exercise
delegated authority on substantive and administrative matters related
to the functions and activities of units under his responsibility to
the extent granted by the Minister through administrative issuances;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the Minister.
Sec. 12. Assistant Ministers. — Each of the five
(5) Assistant Ministers shall head one of the Groups mentioned in
Section 13 to 17 hereof and, in connection therewith, shall have the
following functions:
(a)
The Assistant Minister assigned to the Production Group shall be
responsible for providing service relating to planning, programming and
project development of agricultural productions. This group shall
consist of the Bureaus and Animal Industry, Plant Industry, Fisheries
and Aquatic Resources, and Soils and Water Management;
(b) The
Assistant Minister assigned to the Agri-Business shall be responsible
for assisting farmers and other agri-business ventures by providing
marketing assistance and investment information. This group shall
consist of Marketing Assistance Services and Agri-Business Investment
Information Services;
(c) The
Assistant Minister assigned to the Research , Training and Extension
Group shall be responsible for conducting research and training as well
as providing assistance in the establishment of agricultural
cooperatives. This group shall be composed of Bureau of Agricultural
Research (BAR), Agricultural Training Institute (ATI) and Bureau of the
Agriculture (ATI) and Bureau of Agricultural Cooperatives Development
(BACOD);
(d) The
Assistant Minister assigned to the Planning and Monitoring Group shall
take charge of developing, integrating, monitoring and evaluating all
plans and programs of the Ministry; shall collect, monitor, and publish
agricultural statistics for the Ministry and its clientele. This group
shall be composed of Planning and Monitoring Services, Computer
Services and Bureau of Agricultural Statistics;
(e) The
Assistant Minister assigned to the Support Group shall take charge of
providing staff support services in finance, administration and
management; shall handle the legal requirements of the Ministry Proper
and its Bureaus. This shall be composed of Financial and Management
Services and the Administrative Services.
The five (5) Assistant Ministers shall perform such other functions as
may be assigned appropriately by the Minister.
Sec. 13. Production Group. — The following Bureaus
shall comprise the Production Group:
(a)
Bureau of Animal Industry: The Bureau of Animal Industry shall
formulate long and short-range programs for the development and
expansion of the livestock, poultry and dairy industries to meet the
protein requirements of the growing populace; recommended the specific
policies and procedures governing the flow of livestocks products
through the various stages of marketing, as well as the proper
preservation and inspection of such products; coordinate and monitor
the activities and projects relating to livestock and allied
industries; prescribe standards for quality in the manufacture,
importation, labelling advertising, distribution, and sale of
livestock, poultry and allied industries; for its own sector, recommend
plans, programs, policies, rules and regulations to the Minister and
provide technical assistance in the implementation of the same;
(b) Bureau of
Plant Industry: The Bureau of Plant Industry shall be responsible for
the production planning of improved planting materials, protection of
agricultural crops from pests and diseases, and development and
improvement of farm equipment and other related structures to the plant
industry; prepare a program for the selection, production and
certification of improved planting materials as well as guidelines for
its implementation; recommend plant quarantine policies, and prescribe
rules and regulations for the prevention, control and eradication of
pests, diseases, and injuries to plants and plant products; for its own
sector, recommend plans, programs, policies, rules and regulations to
the Minister and provide technical assistance in the implementation of
the same;
(c) Bureau of
Fisheries and Aquatic Resources: The Bureau of Fisheries and Aquatic
Resources shall formulate plans for the proper management, accelerated
development, and proper utilization of the country’s fishery and
aquatic resources; for this purpose, undertake studies on the economics
of various phases of the fishing industry to form the bases for the
formulation of policies and programs on fisheries and aquatic
resources; render technical assistance and advisory services in the
proper procurement, construction, and operation of the fishing vessels
as well as determination and designation of fish landing points for all
commercial fishing boats; for own its sector, recommend plans,
programs, policies, rules and regulations, to the Minister and provide
technical assistance in the implementation of the same;
(d) Bureau of
Soils and Water Management: The Bureau of Soils and Water Management
shall advise and render assistance on matters relative to the
utilization and management of soils and water as vital agricultural
resources; formulate measures and guidelines for effective soil, land,
and water resource utilization, as well as soil conservation in
croplands and other agricultural areas; undertake oil research
programs; coordinate with the relevant government agencies in
resettlement areas and prepare the necessary plans for the provision of
technical assistance in solving of oil impounding and prevention of
soil erosion, fertility preservation, and other related matters;
engaged in rainmaking projects for agricultural areas and watersheds to
solve the problem of prolonged droughts and minimize their effects on
standing agricultural crops, for its own sector recommend plans,
programs, policies, rules and regulations to the Minister and provide
technical assistance in the implementation of the same.
Sec. 14. Research, Training and Extension Group. —
The following shall comprise the Research, Training and Extension Group:
(a)
Bureau of Agricultural Research: The Bureau of Agricultural Research
shall ensure that all agricultural research is coordinated and
undertaken for maximum utility to agriculture. It shall tap farmers,
farm organizations and research institutions, especially the state
colleges and universities, in the conduct of research for use of the
Ministry and its clientele, particularly the farmers/fishermen and the
rural workers;
(b)
Agricultural Training Institute: The Agricultural Training Institute
shall be responsible or the training of all agricultural extension
workers and their clientele, who are mostly farmers and other
agricultural workers; ensure that training programs address the real
needs of the agricultural sector; ensure that the research results are
then communicated to the farmers through the appropriate training and
extension activities;
(c) Bureau of
Agricultural Cooperatives Development: The Bureau of Agricultural
Cooperatives Development shall formulate an integrated system for
development and evaluation of agricultural cooperatives; provide and
assistance in the establishment of agricultural cooperatives in the
rural communities; evolve a program to promote the economic viability
of agricultural cooperatives.
Sec. 15. Agri-Business Group. — The following
Services shall comprise the Agri-Business Group.
(a)
Marketing Assistance Services: The Marketing Assistance Service shall
be responsible for identifying markets for the Philippine Agricultural
products; assist in the planning of market centers, marketing channels
and distribution networks;
(b)
Agri-Business Investment Information Services: The Agri-Business
Investment Information Service shall cause the research, gather and
collate data related to agri-business such as laws and regulations,
taxation, production technologies, market strategies, competition,
foreign assistance, grants, credit, and new venture considerations
relating to agribusiness; package information on agribusiness
investment opportunities and provide sample feasibility studies for
different agricultural products and markets.
Sec. 16. Planning and Monitoring Group. — The
following Services shall comprise the Planning Monitoring Group.
(a)
Planning and Monitoring Services: The Planning and Monitoring Service
shall be responsible for the formulation and integration of plans and
programs emanating from all units of the Ministry, including the
Bureaus, Regional Offices and Attached Agencies; be responsible for
data analysis and monitoring of the implementation of said plans and
programs through its management information system;
(b) Computer
Services: The Computer Service shall be responsible for the development
and maintenance of the electronic data processing requirements of the
Ministry;
(c) Bureau of
Agricultural Statistics: The Bureau of Agricultural Statistics shall be
mainly responsible for the collection, compilation and official release
of agricultural statistics; exercise technical supervision over data
collection centers; coordinate all agricultural statistics and economic
research activities of all bureaus, corporations and offices under the
Ministry.
Sec. 17. Support Group. — The following shall
comprise the Support Group:
(a)
Financial and Management Service: The Financial and Management Service
shall provide service relating to budgeting, accounting and management;
(b)
Administrative Service: The Administrative Service shall be responsible
for providing personnel, legal, records, and other general services.
Sec. 18. Regional Offices. — The Ministry is
hereby authorized to establish, operate and maintain a Regional Office
in each of the administrative regions of the country. Each Regional
Office shall be headed by a Regional Director, to be assisted by three
(3) Assistant Regional Directors, assigned to Operations, Research and
Support Services, respectively. Each Regional Office shall have, within
its administrative regions, the following duties and responsibilities:
(a)
Provide efficient and effective frontline service to the people;
(b) Implement
in its area the laws and policies, plans, programs, projects, rules and
regulations of the Ministry;
(c) Coordinate
with regional offices of the other ministries, offices and agencies in
the region;
(d) Coordinate
with local governments units;
(e) Perform
other functions as may be provided by law assigned appropriately by the
Minister.
At the provincial level, polices, plans, programs, projects, laws,
rules and regulations of the Ministry shall be implemented by the
Provincial Agriculture and Fisheries Officer and, at the municipal and
barangay levels, by the Municipal Agriculture and Fisheries Officer.
Sec. 19. Attached Units. — The following units are
hereby attached to the Ministry:
(a)
Councils/Committee:
(1)
Agricultural Credit Policy Council: The Presidential Committee on
Agricultural Credit and Technical Board for Agriculture Credit are
hereby merged into the Agricultural Credit Policy Council in accordance
with Sec. 22 (e) hereof;
(2) National
Agricultural and Fishery Council: The National Agricultural and Fishery
Council shall act as an advisory body to ensure the success of Ministry
ensure the success of Ministry programs and the activities and serve as
the forum for consultative and continuing discussions within
agricultural sectors; from the national level, it shall be replicated
down to the regional, provincial, and municipal levels;
(3) Philippine
Technical and Administrative Committee for SEAFDEC (formerly, SEAFDEC
National Board): The Philippine Technical and Administrative Committee
for SEAFDEC shall be responsible for the administration and management
of the SEAFDEC Aquaculture Department and shall monitor and assess the
performance of research projects on fisheries and aquaculture in
accordance with the policies/standards established by the SEAFDEC
International Council and the Ministry;
(4) National
Nutrition Council (NNC): The National Nutrition Council shall
formulate, oversee and/or coordinate the implementation of an
integrated national program on nutrition to be implemented by the both
government and private sectors and coordinate release of funds for the
national nutrition program;
(5) Livestock
Development Council (LDC): The Livestock Development Council shall be
responsible for the formulation and establishment of comprehensive
policy guidelines for the livestock industry, preparation of plans and
programs and evaluation of livestock program/projects;
(b)
Corporations/Agencies:
(1)
Fertilizer and Pesticide Authority;
(2) Fiber
Industry Development Authority;
(3) National
Tobacco Administration;
(4) Sugar
Regulatory Administration;
(5) National
Food Authority and its subsidiaries;
(6) Quedan
Guarantee Fund Board;
(7) Philippine
Fisheries Development Authority;
(8) Philippine
Rice Research Institute;
(9) Philippine
Coconut Authority and its subsidiaries.
Sec. 20. Mergers. — In order to promote efficiency
and effectiveness in the delivery of public services, the following
offices, corporations or agencies are hereby merged as follows:
(a)
The Philippine Virginia Tobacco Administration, Philippine Tobacco
Administration, Philippine Virginia Tobacco Board, Philippine Tobacco
Board, Virginia Tobacco Fuelwood Corporation, Philippine Tobacco
Research and Training Center, Virginia, Flue-Curing Board, and National
Tobacco Classification Council are hereby merged into the National
Tobacco Administration, in accordance with Sec. 22 (e);
(b) The
Philippine Agricultural Training Council, Philippine Training Center
for Rural Development, and Bureau of Agricultural Extension are hereby
merged into the Agricultural Training Institute, which shall train
Ministry field technicians in extension work with emphasis on
technology transfer techniques; train generalists in regional field
offices; and conduct multi-level training programs to promote and
accelerate rural development.
Sec. 21. Abolition. — The following are hereby
abolished, as follows:
(a)
National Meat and Inspection Commission, and its functions transferred
to a division of the Bureau of Animal Industry, in accordance with
Sec. 22 (b);
(b) National
Artificial Rain Stimulation Committee, and its functions are
transferred to a division of the Bureau of Soils and Water Management,
in accordance with Section , 22 (b);
(c) Farm
Systems Development Corporation’s functions are transferred to the
respective regional offices of the Ministry, in accordance with Sec. 22 (b);
(d) Green
Revolution Expanded Program Action Committee, in accordance with
Sec. 22 (d).
Sec. 22. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order:
(a)
The transfer of a government unit shall include the functions,
appropriations, funds, rights, records, equipment, facilities, choses
in action, rights, other assets, and liabilities, if any, of the
transferred unit as well as the personnel thereof, as may be necessary,
who shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution. These personnel of the transferred
unit whose positions are not included in the Ministry’s new position
structure and staffing pattern approved and prescribed by the Minister
or who are reappointed shall be deemed separated from the service and
shall be entitled to the benefits provided in the second paragraph of
Sec. 23 hereof.
(b) The
transfer of functions which results in the abolition of the government
unit that has exercised them shall include the appropriations, funds,
records, equipment, facilities, choses in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations
and funds, if any, shall revert to the General Fund and its remaining
assets, if any, shall be allocated to such appropriate units as the
Minister shall determine or shall otherwise de disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. Its liabilities, if any, shall likewise be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. Its personnel shall, in a hold-over capacity,
continue to perform their duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Its personnel, whose positions
are not included in the Ministry’s new position structure and staffing
pattern approved and prescribed by the Minister under Sec. 23 hereof
or who are not reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph
of the same Sec. 23.
(c) The
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, choses in
action, rights, other assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities, if any,
that may have been incurred in connection with the discharge of the
transferred functions, shall be treated in accordance with the
Government Auditing Code and other pertinent laws, rules and
regulations. Such personnel their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service pursuant to
Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Any personnel, whose position is not included in the
Ministry’s new position is not included in the Ministry’s new position
structure and staffing pattern approved and prescribed by the Minister
under Sec. 23 hereof or who has not been reappointed, shall be
deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Sec. 23.
(d) In case of
the abolition of a government union which does not result in the
transfer of it functions to another unit, the appropriations and funds
of the abolished unit shall revert to the General Fund, while the
records, equipment, facilities, choses in action, rights, and other
assets, thereof shall be allocated to such appropriate units as the
Minister shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities of the abolished unit shall be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations, while the personnel thereof, whose positions are
not included in the Ministry’s new position structure and staffing
pattern approved and prescribed by the Minister under Sec. 23 hereof
or who have not been reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second
paragraph of the same Sec. 23.
(e) In case
merger or consolidation of government unit, new or surviving unit shall
exercise the functions (subject to the reorganization herein prescribed
and the laws, rules and regulations pertinent to the exercise of such
functions) and shall acquire the appropriations, funds records,
equipment, facilities, choses in action, rights, other assets,
liabilities if any, and personnel, as may be necessary, of (1) the
units that compose the merged unit or (2) the absorbed unit, as the
case may be. Such personnel shall, in a hold-over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Any such personnel, whose
position is not included in the Ministry’s new position structure and
staffing pattern approved and prescribed by the Minister under Sec. 23 hereof or who is not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second
paragraph of the same Sec. 23.
(f) In case of
termination of a function which does not result in the abolition of the
government unit which has performed such function, the appropriations
and funds intended to finance the discharge of such functions shall
revert to the General Fund, while the records, equipment, facilities,
choses in action, rights and other assets used in connection with the
discharge of such functions shall be allocated to the appropriate units
as the Minister shall determine or shall otherwise be disposed in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. The liabilities, if any, that may have been
incurred in connection with the discharge of such function shall
likewise be treated in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations. The personnel who have
performed such function, whose positions are not included in the
Ministry’s new position structure and staffing pattern approved and
prescribed by the Minister under Sec. 23 hereof or who have not been
reappointed, shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph of the same
Sec. 23.
Sec. 23. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Ministry shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution.
The new position structure and staffing pattern of the Ministry shall
be approved and prescribed by the Minister within one hundred twenty
(120) days from the approval of this Executive Order and the authorized
positions created thereunder shall be filed with regular appointments
by him or by the President, as the case may be. Those incumbents whose
positions are not included therein or who are not reappointed shall be
deemed separated from the service. Those separated from the service
shall receive the retirement benefits to which they may be entitled
under existing laws, rules and regulations. Otherwise, they shall be
paid the equivalent of one-month basic salary for every year of service
otherwise, or the equivalent nearest fraction thereof favorable to them
on the basis of highest salary received, but in the no case shall such
payment exceed the equivalent of 12 months salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee effected under this Executive Order.
Sec. 24. Periodic Performance Evaluation. — The
Minister is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Ministry and submit the same annually to the President.
Sec. 25. Notice or Consent Requirement. — If any
reorganizational 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 of
such creditors, such notice or consent require shall be complied with
prior to the implementation of such reorganizational change.
Sec. 26. Change of Nomenclature. — In the event of
the adoption of a new Constitution which provides for a presidential
form of government, the Ministry shall be called Department of
Agriculture and the titles of Minister, Deputy Minister, and Assistant
Minister shall be changed to Secretary, Undersecretary and Assistant
Secretary, respectively.
Sec. 27. Prohibition against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President for the purpose of promoting efficiency
and effectiveness in the delivery of the public services.
Sec. 28. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Ministry.
Sec. 29. Implementing Authority of Minister. — The
Minister shall issue such rules, and regulations and other issuances as
may be necessary to ensure the effective implementation of the
provisions of this Executive Order.
Sec. 30. Separability. — 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 or provisions can still subsist and be
given effect in their entirety.
Sec. 31. Repealing Clause. — All laws, ordinances,
rules, regulations, other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 32. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
Approved in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen Hundred and Eighty-seven.
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