PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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PRESIDENTIAL DECREES

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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1397

PROVIDING FOR THE CONVERSION OF DEPARTMENTS INTO MINISTRIES AND FOR THE SENIOR ADMINISTRATIVE ORGANIZATION THEREFORE.

WHEREAS, the Philippines is presently in a transitional stage from a presidential to a parliamentary form of government.

WHEREAS, the basic political change requires an adaptive and corresponding change in the institutional requirements for governance;

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;

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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 6. All laws, decrees, executive orders, rules and regulations which are inconsistent with this decree are hereby repealed, altered or modified accordingly.

Sec. 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.