EXECUTIVE ORDER NO. 262
EXECUTIVE ORDER NO. 262 - RGANIZING
THE DEPARTMENT OF LOCAL GOVERNMENT AND FOR OTHER PURPOSES
WHEREAS,
Article II, Section 1, of Proclamation No. 3 dated March 25, 1986,
provides that, the President shall give priority to measures as to
achieve the mandate of the people to completely reorganize the
government;
WHEREAS, Article XVIII, Section 16, of the 1987 Constitution recognizes
that the reorganization of the government shall be continued even after
its ratification;
WHEREAS, Under Article XVIII, Sec. 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the first
Congress is convened;
WHEREAS, local governments must be involved actively in national
development especially in the acceleration of economic recovery, in the
restoration of political stability, and in the promotion of social
progress;
WHEREAS, in their critical participation in national development that
is consistent with local autonomy, the development of the executive,
technical, and financial capabilities of local governments must be
pursued with greater vigor;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. Title. — This Executive Order shall be
known as the Reorganization Act of the Department of Local Government
and for Other Purposes.
Sec. 2. Reorganization. — The Department of Local
Government, hereinafter referred to as the Department, is hereby
reorganized, in accordance with the provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It is necessary
to reorganize the Department in order to make it more capable of
assisting the President in the exercise of general supervision over
local governments, in promoting local autonomy, encouraging community
empowerment, and in maintaining public order and safety services.
Sec. 4. Mandate. — The Department shall primarily
assist the President in the exercise of general supervision over local
governments. To accomplish its mandate, the Department shall be guided
by the following principles:
a.
Local governments shall be accountable and responsive to the needs of
local constituencies;
b Allocation
of more powers and resources to local governments shall be a primordial
philosophy;
c. Local
governments shall be given wider latitude for resource generation, such
as:
(1)
Generation of local revenues;
(2) Local
governments share in national taxes, grants and subsidies as provided
by law;
(3) Credit
financing.
d.
Inter-local government cooperation and coordination mutually beneficial
to all concerned shall be enhanced;
e. The
Department shall enhance the capabilities of local governments by
instituting a system of decentralization whereby local governments are
given more powers, responsibilities and resources, thereby attaining
local autonomy;
f. Involvement
of citizens and community organizations in local government activities
shall always be encouraged and promoted;
g. It shall be
the policy of the Department to decentralize substantive operational
functions to its regional offices.
Sec. 5. Powers and Functions. — To accomplish its
mandate, the Department shall perform the following powers and
functions:
a.
Advise the President on the promulgation of policies, rules,
regulations and other issuances relative to the general supervision of
local governments;
b. Establish
and prescribe rules, regulations and other issuances implementing laws
on the general supervision of local governments and the promotion of
local autonomy and community empowerment and monitor compliance thereof
by said units;
c. Provide
assistance in the preparation of national legislation affecting local
governments;
d. Establish
and prescribe plans, policies, programs and projects to strengthen the
administrative, technical and fiscal capabilities of local government
offices and personnel;
e. Formulate
plans, policies and programs which will meet local emergencies arising
from natural and man-made disasters.
Sec. 6. Structural Organization. — The Department
shall be composed of the Offices of the Secretary, staff and line
offices which shall consist of the following:
a.
Bureau of Local Government Supervision;
b. Bureau of
Local Government Development;
c. National
Barangay Operations Office;
d. Project
Development Services;
e. Support
Services;
f. Office of
Public Affairs;
g. Regional
and Field Offices;
Sec. 7. Secretary of Local Government. — The
authority and responsibility in the exercise of the mandate of the
Department and in the discharge of its powers and functions shall be
vested in the Secretary of Local Government, hereinafter referred to as
the Secretary, who shall have supervision and control of the Department
and who shall be appointed by the President. For such purposes, the
Secretary shall have the following duties and powers:
a.
Advise the President on matters relative to power of general
supervision over local governments;
b. Establish
appropriate policies and standards for the effective and efficient
operations of the Department;
c. Promulgate
policies, rules, and regulations necessary in carrying out Department
goals and objectives;
d. Exercise
supervision and control over all offices within the Department;
e. Delegate
his duties, powers and authority to his subordinates whenever necessary;
f. Appoint
other officers and employees of the Department except as otherwise
provided for by law;
g. Perform
such other functions as may be provided by law or directed by the
President.
Sec. 8. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 9. Undersecretaries and Assistant
Secretaries. — The Secretary shall be assisted by not more than three
(3) Undersecretaries and three (3) Assistant Secretaries who shall be
appointed by the President upon the recommendation of the Secretary.
The Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Undersecretaries
and Assistant Secretaries.
Sec. 10. Support Services. — The Support Services
of the Department shall be as follows:
a.
Planning Service, which shall be responsible for providing the
Department with efficient and effective service relating to planning,
programming, research and statistics;
b. Financial
and Management Service, which shall be responsible for providing the
Department with efficient and effective staff advice and assistance on
budgetary, financial and management improvement matters;
c. Legal
Service, which shall be responsible for providing the Department with
efficient and effective legal counselling services, assistance to the
Secretary in the review or determination of subordinate
bodies/agencies, collaboration with the Solicitor General in handling
cases affecting the Department, and investigation of administrative
cases involving Department personnel and local officials;
d. Electronic
Data Processing Service, which shall be responsible for providing
adequate and up-to-date data and management information inputs,
including monitoring of all field operations, to serve as basis for
effective planning, management and control, policy formulation and
decision-making; and
e.
Administrative Service, which shall be responsible for providing the
Department with efficient and effective services relative to personnel,
information, records, supplies, equipment, collection, disbursements,
security and custodial work and other kinds of services not related to
other services above enumerated.
Sec. 11. Office of Public Affairs. — There shall
be established in the Department an Office of Public Affairs, which
shall have the following functions:
a.
Provide technical assistance in the modernization and maintenance of a
Department-wide microtelecommunications systems;
b. Provide
mechanisms for the operationalization of the intent of the provisions
of public information, coverages and documentation of the activities of
the Department;
c. Perform
functional supervision over regional information centers in providing
the citizenry with relevant information on the program of the
Department and the Government thrust towards the participation of the
citizens in the democratic processes;
d. Establish
and prescribe plans, programs to implement the administrative and
technical capabilities of public officers and personnel both on the
central and regional levels;
e. Establish
and prescribe guidelines in the administration of Information and
Public Assistance Services;
f. Extend
consultation services and advice in the implementation of Regional
Information Services;
g. Assess
information needs of the people through opinion polls and surveys;
h. Provide
assistance on various public programs of the Department;
i. Establish
and implement policies, plans, programs and projects to meet local
emergencies arising from natural and man-made disasters;
j. Perform
such other duties and responsibilities as may be assigned or delegated
by the Secretary in the effective delivery of public services or as may
be required by law.
Sec. 12. Bureau of Local Government Supervision. —
The Bureau of Local Government Supervision, to be headed by a Bureau
Director appointed by the President upon the recommendation of the
Secretary, shall have the following functions:
a.
Advise and assist the Secretary in the exercise of the power of general
supervision of the President over local governments, particularly in
the formulation and implementation of national laws, policies and
standards concerning local government operations and their personnel;
b. Establish
and prescribe guidelines in the administration of the Katarungang
Pambarangay Program;
c. Monitor
compliance of national laws and policies by local governments;
d. Provide
assistance in the preparation of national legislation affecting local
governments and in the promotion of local autonomy;
e. Extend
consultation services and advice in promoting local autonomy;
f. Provide
assistance to local governments in the promotion of citizens
participation in local government activities;
g. Provide
technical and financial assistance, as well as secretariat services to
the Leagues of Provinces, Cities and Municipalities;
h. Perform
other functions as may be delegated by the Secretary or as provided for
by law.
Sec. 13. Bureau of Local Government Development. —
The Bureau of Local Government Development, to be headed by a Bureau
Director appointed by the President upon the recommendation of the
Secretary, shall have the following functions:
a.
Establish and prescribe plans, policies, programs and standards to
strengthen the administrative, fiscal and technical capabilities of
local government offices and personnel;
b. Provide
technical assistance to enhance the administrative, fiscal and
technical capabilities of local government officers and personnel;
c. Formulate,
prescribe, monitor and periodically evaluate local development
policies, plans, programs and projects designed to enhance the
participation of local governments in planning and implementation;
d. Establish a
system of incentives and grants to local governments and prescribe
policies, procedures and guidelines in the implementation of self-help
assistance projects;
e. Formulate
and develop models, standards and technical materials on local
government development;
f. Provide
consultation services and advice on local government involved in
development programs;
g. Establish
viable systems of strategies and approaches for local governments
anchored on citizens participation within a wholistic and integrated
framework for the development of communities;
h. Perform
other functions as may be delegated by the Secretary or as provided for
by law.
Sec. 14. Local Government Academy. — There shall
be established in the Department a Local Government Academy which shall
be responsible for human resource development and training of local
government officials and Department personnel. The Academy shall be
under the direct supervision of a Board of Trustees composed of the
Secretary of Local Government as Chairman and four (4) other members to
be appointed by the President upon recommendation of the Secretary. The
structure and staffing pattern of the Local Government Academy shall be
prescribed and approved by the Secretary.
Sec. 15. National Barangay Operations Office. —
The National Barangay Operations Office which shall be headed by a
Director to be appointed by the President upon the recommendation of
the Secretary, shall have the following functions:
a.
Formulate policies, plans and programs that will promote community and
citizens participation in the political development of the barangay
through the mobilization and participation of barangay assemblies;
b. Initiate
projects on innovative barangay development strategies and approaches
in close coordination with the Bureau of Local Government Development;
c. Provide
secretariat services to the Association of Barangay Councils and serve
as a clearing house on matters affecting barangay officials’ insurance,
hospitalization, educational and other benefits as provided by law;
d. Provide
continuing information dissemination to barangay units on national
development efforts and issues in order for barangay assembly members
to participate meaningfully in national development;
e. Establish
and maintain masterlists of barangays and barangay officials and
barangay socio-economic profile;
f. Provide
situation and political analysis for the Secretary on barangay affairs.
g. Perform
other functions as may be delegated by the Secretary or as provided for
by law.
Sec. 16. Project Development Services. — There
shall be established in the Department the Office of Project
Development Services which shall have the following functions:
a.
Formulate innovative approaches and strategies designed to promote
technical capabilities of local governments;
b. Assist in
the development of program components for the implementation of tested
and appropriate systems and processes at the local level;
c. Perform
other functions as may be delegated by the Secretary or as provided for
by law.
Sec. 17. Regional and Field Offices. — There shall
be one Regional Office in each of the administrative regions
established by law to be headed by a Regional Director appointed by the
President upon the recommendation of the Secretary. The Regional Office
shall have other field offices as may be necessary to carry out its
functions which are as follows:
a.
Implement laws and rules, regulations, other issuances, policies,
plans, programs and projects of the Department;
b. Provide
efficient and effective service to local government;
c. Coordinate
with regional offices of other departments, offices and agencies
affecting local administration and development;
d. Assist
local governments develop their overall capabilities for local
government administration and development;
e. Perform
other functions as may be delegated by the Secretary or as provided for
by law.
Sec. 18. Abolished Agencies, Offices, Units of the
Departments. — The following agencies, offices and units are hereby
abolished:
a.
National Secretariat Paglilingkod sa Bagong Lipunan;
b. Katipunan
ng mga Sanggunian National Secretariat and the Pambansang Katipunan ng
mga Punong Bayan sa Pilipinas Office;
c. Operations,
Monitoring and Support Office;
d. Barangay
Brigades Development Program Office;
e. Management
Information System Office;
f. Lupong
Tagapagpaganap Secretariat; and
g.
Magalang-Angat Task Force Development Project.
Sec. 19. Leagues of Provinces, Cities and
Municipalities. — There is hereby created the Leagues of Provinces,
Cities and Municipalities.
The functions, budget and records of the Katipunan ng mga Sanggunian
National Secretariat and the Pambansang Katipunan ng mga Punong Bayan
sa Pilipinas, shall be transferred to the Leagues of Provinces, Cities
and Municipalities created under this Executive Order. The Leagues
shall be under the supervision of the Bureau of Local Government
Supervision.
The Secretary is hereby authorized to promulgate the necessary
implementing rules that will activate these Leagues.
Sec. 20. Transitory Provisions. — In accomplishing
the reorganization of the Department, the following transitory
provisions shall be complied with:
a.
The transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, chooses 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. Those personnel from the transferred unit whose
positions are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary 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
Sec. 21 hereof.
b. The
transfer of functions which results in the abolition of the government
unit that exercised them shall include the appropriations, funds,
records, equipment, facilities, chooses 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
Secretary shall determine or shall otherwise be 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. Its personnel whose positions are
not included in the Department’s structure and staffing pattern
approved and prescribed by the Secretary under Sec. 21 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. 21.
c. Any
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, chooses in
action, rights, and 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 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. Any personnel, whose position is not included in the
Department’s new position structure and staffing pattern approved and
prescribed by the Secretary under Sec. 21 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. 21.
d. In case of
the abolition of the government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds
of the abolished entity shall revert to the General Fund, while the
records, equipment, facilities, chooses in action, rights, and other
assets thereof shall be allocated to such appropriate entities as the
Secretary 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 units shall be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations, while the personnel thereof, whose position, is
not included in the Department’s new position structure and staffing
pattern approved and prescribed by the Secretary under Sec. 21
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. 21.
e. In case of
merger or consolidation of government units, the 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, chooses in action, rights, other
assets, liabilities, if any, and the personnel, as may be necessary, of
the units that compose the merged unit 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. Any such personnel, whose position
is not included in the Department’s new position structure and staffing
pattern approved and prescribed by the Secretary under Sec. 21
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. 21.
f. In case of
termination of a function which does not result in the abolition of the
government unit which performed such function, the appropriations and
funds intended to finance the discharge of such function shall revert
to the General Fund while the records, equipment, facilities, chooses
in action, rights and other assets used in connection with the
discharge of such function shall be allocated to the appropriate units
as the Department 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 Government Auditing Code and
other pertinent laws, rules and regulations. The personnel who have
performed such function, whose positions are not included in the
Department’s new position structure and staffing pattern approved and
prescribed by the Secretary under Sec. 21 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. 21 hereof.
Sec. 21. New Organizational Structure and Staffing
Pattern. — Upon approval of this Executive Order, the officers and
employees of the Department shall be in a hold-over capacity, until
such time that the reorganization of the Department is completed.
The new organizational structure and staffing pattern of the Department
shall be approved and prescribed by the Secretary within one hundred
twenty (120) days from the approval of this Executive Order and the
authorized positions created thereunder shall be filled 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, or the equivalent nearest fraction thereof favorable
to them on the basis of the highest salary received, but in no case
shall such payment exceed the equivalent of 12 months
salary.
Sec. 22. Periodic Performance Evaluation. — The
Secretary is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Department and submit the same to the President of the
Philippines.
Sec. 23. 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 and such notice to or consent of creditors is required to
be made or obtained pursuant to any agreement into, with any of such
creditors, then such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 24. Prohibition Against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President/or by an act of Congress for the
purpose of promoting efficiency and effectiveness in the delivery of
public services. The Secretary shall see to it that there shall be no
overlapping of functions between and among the different offices and
bureaus of the Department.
Sec. 25. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Department.
Sec. 26. Implementing Authority of the Secretary.
— The Secretary shall issue such rules, regulations and other issuances
as may be necessary to ensure the effective implementation of the
provisions of this Executive Order.
Sec. 27. Separability Clause. — If, for any reason
or reasons, any part or provision of this Order shall be held
unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
Sec. 28. Repealing Clause. — Except as otherwise
provided herein, all laws, acts, decrees, executive orders,
proclamations and administrative regulation or part or parts thereof
which are inconsistent with this Order are hereby repealed or modified
accordingly.
Sec. 29. Effectivity. — This Executive Order shall
take effect immediately.
APPROVED IN THE City of Manila,
Philippines, this 25th day of July, in the year of Our Lord, nineteen
hundreds and eighty-seven.
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Since 19.07.98.