EXECUTIVE ORDER NO. 328
EXECUTIVE ORDER NO. 328 - FURTHER
AMENDING EXECUTIVE ORDER NO. 270 SERIES OF 2000, EXTENDING UP TO
SEPTEMBER 30, 2000 THE IMPLEMENTATION OF THE “WINDING UP” OF OPERATIONS
OF THE CORDILLERA EXECUTIVE BOARD (CEB), CORDILLERA REGIONAL ASSEMBLY
(CRA) AND CORDILLERA BODONG ADMINISTRATION (CBA) AS PROVIDED UNDER
THESE AGENCIES SPECIAL PROVISION IN THE GENERAL APPROPRIATIONS ACT
(GAA) FOR FISCAL YEAR 2000, TO FURTHER EXTEND SAID “WINDING UP”
ACTIVITY TO MARCH 31, 2001
WHEREAS,
Executive Order No. 220 series of 1987, created the Cordillera
Administrative Region (CAR) to administer the affairs of the government
in the region, accelerate the economic and social growth and
development of the units thereof and prepare the establishment of the
autonomous region in the Cordillera;
WHEREAS, E.O. 220 further provided for the activation of the Cordillera
Executive Board (CEB), Cordillera Regional Assembly (CRA) and
Cordillera Bodong Administration (CBA);
WHEREAS, the Special provision in the GAA for the CAR for FY 2000
mandates that the amounts appropriated for CAR shall be used to wind-up
the activities of the Cordillera agencies including the separation and
retirement benefits of all affected employees; Provided, that any
deficiency in the amount for payment of terminal leave and retirement
gratuity benefits shall be taken from the Miscellaneous Personnel
Benefit Fund;
WHEREAS, Republic Act No. 6656 recognizes the need to protect the
security of tenure of civil service officials and employees in the
re-organization 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, the winding up of the three Cordillera bodies 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 the law do hereby
order:
Section 1. Government Operations. — For purposes of
Governmental operations, the integrity of the Cordillera Administrative
Region as composed of the provinces of Abra, Benguet, Ifugao, Kalinga,
Apayao and Mt. Province and the Chartered City of Baguio shall be
maintained as created by virtue of EO 220 and all regional offices and
agencies of the National Government established in the Cordillera
Administrative Region shall continue to serve the region.
Sec. 2. Creation of Special Task Force. — A
Special Task Force is hereby created to be chaired by the Executive
Secretary or his duly authorized representative, with the Secretary of
Budget and Management, the Chairman of the Cordillera Regional Assembly
and the Executive Director of the Cordillera Executive Board as
members, who shall provide policy guidelines for, and oversee, the
final disposition of personnel, functions, assets and liabilities of
the CAR.
Sec. 3. Development Council. — The Cordillera
Regional Assembly and the Cordillera Executive Board shall continue in
the meantime its developmental concerns for the CAR during the period.
Sec. 4. Transfer or Re-employment of CEB, CRA and
CBA Personnel. — Affected 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 affected
personnel with other agencies shall be exempt from the prohibition of
new hiring under Administrative Order No. 100 dated December 1, 1999.
Sec. 5. Separation or Retirement of CEB, CRA and
CBA Personnel. — All affected 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 affected employees by virtue of their transfer, retirement or
separation from service shall be paid within one (1) month from the
filing of the necessary clearances and other pertinent documents.
Sec. 6. Transfer of Assets and Liabilities. — All
assets and liabilities of CEB, CRA and CBA upon the expiration of this
extension period shall be transferred without cost to the Presidential
Assistant for Regional Concerns (PARECO-NL) pending appropriate and
final disposition.
Sec. 7. Transfer of CEB Properties. — Immediate
transfer of CEB properties located in Tabuk, Kalinga to the province
and in Lubuagan to the municipal government shall be effect.
Sec. 8. Extension of Period. — The Special Task
Force, in coordination with other concerned agencies is hereby given
until March 31, 2001 within which to implement the deactivation of the
CAR bodies. It shall be assisted by a skeletal force consisting of
personnel occupying positions listed in Annex “A” hereof for the task
of winding-up of CAR operations and the safekeeping of its resources.
The CRA and CEB skeletal force shall be headed by its present Chairman
and Executive Director respectively, including a representative of the
CBA, to ensure proper guidance and smooth operation of said agencies in
their winding-up activities. Unless otherwise transferred to other
agencies, members of the skeletal force will be deemed separated from
the service after March 31, 2001 unless otherwise provided for by law.
Sec. 9. Support of Other Agencies. — The Special
Task Force may request assistance from the Civil Service Commission,
Commission on Audit and such other agencies of government as may be
necessary to assist in the smooth implementation of this Order.
Sec. 10. Funding Requirements. — Funds for the
implementation of this order shall sourced from agency savings, by
realignment of funds of the Cordillera bodies or upon request augmented
by the Department of Budget and Management (DBM) and also from the
organizational adjustment fund. The DBM shall give preference to the
payment of accounts payable, accrued leave credits, separation and
retirement benefits to affected personnel from the Miscellaneous
Personnel Benefits Fund.
Sec. 11. Final Report. — The Special Task Force
shall submit its final report and recommendation on the de-activation
of CEB, CRA and CBA to the President not later than March 31, 2001.
Sec. 12. 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. 13. Repealing Clause. — All executive orders,
rules, and regulations and other issuances or parts thereof, which are
inconsistent with the provisions of this Executive Order, we hereby
revoked or modified accordingly.
Sec. 14. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 27th day of December, in the year of Our Lord, Two Thousand.
ANNEX A
CORDILLERA REGIONAL ASSEMBLY (CRA) SKELETAL FORCE FOR WINDING UP
OPERATIONS OF CAR
1.
Administrative Officer
2. Accountant
3. Budget Officer
4. Cashier
5. Security Guard
CORDILLERA EXECUTIVE BOARD (CEB) SKELETAL FORCE FOR WINDING UP
OPERATIONS OF CAR
1.
Budget Officer V (Acting A.O. V)
2. Development Management Officer V
3. CBA DMO V
4. CBA DMO V as Liaison Officer
5. Accountant III
6. Bookkeeper
7. DMO I
8. Supply Officer II
9. Cashier
10. Computer operator
11. Driver