EXECUTIVE ORDER NO. 223
EXECUTIVE ORDER NO. 223 -
SUPPLEMENTING EXECUTIVE ORDER NO. 191 ON THE DEACTIVATION OF THE
ECONOMIC INTELLIGENCE AND INVESTIGATION BUREAU AND FOR OTHER MATTERS
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, Sec. 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. — 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.
Sec. 2. Transfer or Re-Employment of EIA
Personnel. — (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 Sec. 4 hereof may,
where necessary, carry with it transfer of the corresponding position/s
that are not abolished or deemed redundant under Sec. 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.
Sec. 3. Separation or Retirement of EIA Personnel.
— 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.
Sec. 4. Transfer of Functions to Other Agencies. —
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.
Sec. 5. Cases and Seized Goods. — 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.
Sec. 6. Transfer of Assets and Liabilities. — All
assets and liabilities of EIA are hereby transferred without cost to
the DOF pending appropriate, final disposition.
Sec. 7. Extension of Period. — 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.
Sec. 8. Support of Other Agencies. — 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.
Sec. 9. Funding Requirements. — 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.
Sec. 10. Final Report. — The Task Force shall
submit its final report and recommendation on the deactivation of EIA
to the President not later than 30 September 2000.
Sec. 11. 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 of
the Order for as long as such remaining portions can still subsist and
be given effect.
Sec. 12. Repealing Clause. — 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.
Sec. 13. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 29th day of March, in the year of our Lord, Two Thousand.
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Since 19.07.98.