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PRESIDENTIAL DECREE NO. 1397
PRESIDENTIAL DECREE NO. 1397 -
PROVIDING FOR THE CONVERSION OF DEPARTMENTS INTO MINISTRIES AND FOR THE
SENIOR ADMINISTRATIVE ORGANIZATION THEREFORE
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WHEREAS,
the Philippines is presently in a transitional stage from a
presidential to a parliamentary form of government;chanroblesvirtualawlibrary
WHEREAS, the basic political change requires an adaptive and
corresponding change in the institutional requirements for governance;chanroblesvirtualawlibrary
WHEREAS, for this purpose it is now necessary to restructure the
organization of the existing departments by converting them into
ministries and defining the hierarchical relationship thereof,
including the basic duties and responsibilities of the principal
officers.
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 decree:cralaw:red
Section 1. The departments of the government shall
henceforth be converted into and known as ministries, and the
Secretaries of such departments now designated as Ministers. chanroblesvirtualawlibrary
Section 2. Every Minister shall be assisted by one
career Deputy Minister, unless otherwise provided for by law or by
directive of the President/Prime Minister, and one political Deputy
Minister. The Minister shall exercise supervision and control over the
Deputy Ministers.
(a) The career Deputy Minister shall continue to
perform the functions of undersecretaries of departments as provided
under Paragraph 4, Article II, Chapter I, Part II of the Integrated
Reorganization Plan as amended, and his position continue to be covered
by the Career Executive Service.
(b) The Political Deputy Minister shall serve as
liaison between the ministry and the Interim Batasan Pambansa. He shall
be appointed by the President/Prime Minister from among the members of
the Interim Batasan Pambansa, and as such shall be an officer thereof.
He shall serve at the pleasure of the President/Prime Minister, and may
have cabinet rank at the discretion of the latter.
Section 3. In addition to the senior officers of a
ministry as provided for above, the President/Prime Minister may
appoint from among the members of the Interim Batasan Pambansa one or
more Ministers of State for any ministry. A Minister of State may be
granted cabinet rank, and shall serve at the pleasure of the
President/Prime Minister. He shall have such functions, duties and
responsibilities as may be assigned him by the President/Prime
Minister, and shall be directly accountable to the latter.
Section 4. Except as above provided, the present
organizational structure of the departments, now ministries, including
those of the bureaus, agencies and offices under them, shall remain the
same unless otherwise changed by law. chanroblesvirtualawlibrary
Section 5. Should any provision of this decree or
any part thereof be declared unconstitutional, the remaining provisions
or parts thereof shall continue to be valid and binding.
Section 6. All laws, decrees, executive orders,
rules and regulations which are inconsistent with this decree are
hereby repealed, altered or modified accordingly.
Section 7. This decree shall take effect immediately.
Done in the City of Manila,
this 2nd day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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