EXECUTIVE ORDER NO. 121
EXECUTIVE ORDER NO. 121 -
REORGANIZING AND STRENGTHENING THE PHILIPPINE STATISTICAL SYSTEM AND
FOR OTHER PURPOSES
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section 1 (a), and Article III of the Freedom Constitution;
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), there is
a need to effect the necessary and proper changes in the organizational
and functional structures of the government, its agencies and
instrumentalities, in order to promote efficiency and effectiveness in
the delivery of public service;
BELIEVING that the present Philippine Statistical System is too
decentralized, being characterized by a single general-purpose
statistical agency, a number of agencies in the production of
specialized statistics and other instrumentalities involved in
statistical activities either as their primary functions or as part of
their administrative or regulatory functions;
REALIZING that the absence of a strong coordinating mechanism has given
rise to the problems of duplication of activities, conflicting
statistics, data gaps as well as unnecessary burden on respondents;
CONSIDERING that the government needs to rationalize the allocation of
resources for the collection of statistics;
TAKING NOTE that the quality of statistical services is affected by the
limited number of qualified statistical workers;
CONVINCED that there is a need to maintain a decentralized system
characterized by independence, objectivity and integrity to make it
more responsive to the requirements of national development;
CONVINCED further that there is also a need for a stronger mechanism to
coordinate the decentralized government statistical service in order to
promote the orderly development of a system capable of providing
timely, accurate and useful data for the government and the public,
especially for planning and decision-making;
AFFIRMING that there is a need to ensure the development and
maintenance of highlevel statistical manpower in the government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
People and the Freedom Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Philippine
Statistical System.
Sec. 2. Reorganization. — The Philippine
Statistical System, hereinafter referred to as PSS, is hereby
reorganized, structurally and functionally, in accordance with the
provisions of this Executive Order.
Sec. 3. Philippine Statistical System. — The PSS
shall consist of statistical organizations at all administrative
levels, the personnel therein and the national statistical program.
This includes a policy-making and coordinating body, a
statistical research and training center, a single general purpose
statistical agency, all ministries, bureaus, offices, agencies and
instrumentalities of the national and local government and all
government-owned or controlled corporations and their subsidiaries that
are engaged in statistical activities either as their primary functions
or as part of their administrative or regulatory functions. The PSS
shall remain decentralized with a strong coordination feature to be
achieved through closer linkage between statistical programming and
budgeting.
Sec. 4. National Statistical Coordination Board
(NSCB). — There is hereby created National Statistical Coordination
Board, hereinafter referred to as NSCB, which shall be the highest
policy-making and coordinating body on statistical matters. The NSCB
shall be composed of the following: the National Economic and
Development Authority (NEDA) Director-General or his/her designated
representative as Chairman; the Deputy Minister of the Ministry of
Budget and Management (MBM), as Vice-Chairman; one representative each
from the remaining Ministries with the rank of Deputy Minister; the
Deputy Governor of the Central Bank; the Administrator of the National
Statistics Office; the Secretary General of the NSCB; the Director of
the Statistical Research and Training Center; the Governor or City
Mayor nominated by the League of Governors and City Mayors; and a
member from the private sector to be elected by other members of the
Board who shall sit in the Board for a period of three years, as
members.
The decisions of the NSCB on statistical matters shall be final and
executory.
Sec. 5. Powers and Functions. — The NSCB shall
have the following powers and functions:
(a)
Promote and maintain an efficient statistical system in the government;
(b) Formulate
policies on all matters relating to government statistical operations;
(c) Recommend
executive and legislative measures to enhance the development and
efficiency of the system, including the internal structure of
statistical agencies;
(d) Establish
appropriate mechanism for statistical coordination at the regional,
provincial and city levels;
(e) Approve
the Philippine Statistical Development Program;
(f) Allocate
statistical responsibilities among government agencies by designating
the statistics to be collected by them, including their periodicity and
content;
(g) Review
budgetary proposals involving statistical operations and submit an
integrated budget for the PSS to the MBM;
(h) Review and
clear, prior to release, all funds for statistical operations;
(i) Develop,
prescribe, and maintain appropriate framework for the improvement of
statistical coordination;
(j) Prescribe
uniform standards and classification systems in government
statistics;
The
NSCB shall not engage directly in any basic data collection activity.
Sec. 6. NSCB Technical Staff. — The NSCB shall
have a Technical Staff which shall perform the following functions:
(a)
Provide technical and secretarial support to the NSCB;
(b) Serve as
the statistical clearing house and liaison for international
statistical matters;
(c) Perform
other functions as may be assigned by the NSCB and as may be necessary
to carry out the purposes of this Executive Order.
Sec. 7. Secretary General. — The NSCB Technical
Staff shall be headed by a Secretary General with the rank of Deputy
Minister, who shall be appointed by the President, and is of proven
competence and recognized stature in the statistical profession.
Sec. 8. Inter-Agency Committee on Statistics. —
The NSCB may create inter-agency committees (IAC) to assist it in the
exercise of its functions.
Sec. 9. The National Statistics Office. — The
National Census and Statistics Office is hereby renamed the National
Statistics Office (NSO). It shall be the major statistical agency
responsible for generating general purpose statistics and undertaking
such censuses and surveys as may be designated by the NSCB.
The NSO shall be headed by an Administrator with the rank of Deputy
Minister, who shall be appointed by the President, and is of recognized
stature and proven competence in the field of statistics.
Sec. 10. The Statistical Research and Training
Center. — There is hereby created a Statistical Research and Training
Center, hereinafter referred to as SRTC, which shall have the following
functions:
(a)
Develop a comprehensive and integrated research and training program on
the theories, concepts and methodologies for the promotion of the
statistical system;
(b) Undertake
research on statistical concepts, definitions and methods;
(c) Promote
collaborative research efforts among members of the academic community,
data producers and users;
(d) Conduct
non-degree training programs to upgrade the quality of statistical
personnel and expand the statistical manpower base in support of the
needs of the statistical system;
(e) Provide
financial and other forms of assistance to enhance statistical
research. and development.
Sec. 11. SRTC Governing Board. — The SRTC shall
have a Governing Board that shall formulate policies for its management
and operations. The Secretary General of the NSCB shall be the Chairman
of the SRTC Governing Board, with the following as members:
Administrator of the National Statistics Office; Director of the Bureau
of Agricultural Statistics; Dean of the University of the Philippines
Statistical Center; Executive Director of the Philippine Social Science
Council; a representative of the NEDA and the Director of the SRTC as
ex-officio member.
Sec. 12. SRTC Executive Director. — The SRTC shall
have an Executive Director who shall be appointed by the SRTC Governing
Board. He shall receive such salary and remuneration as may be
determined by the SRTC Governing Board.
Sec. 13. SRTC Endowment Fund. — There is hereby
established an SRTC Endowment Fund which shall consist of
contributions, donations, bequests, grants and loans from domestic
and/or foreign sources, government appropriations and other incomes
accruing from the operations of SRTC, which Fund is to finance the
carrying out of Subsection (a) to (e) of the preceding Section 10.
There is hereby appropriated out of any fund in the National Treasury
or other sources not otherwise appropriated the sum of SEVEN MILLION
PESOS (P7,000,000.00) as the initial contribution of the government to
the Endowment Fund.
Sec. 14. SRTC Initial Operating Fund. — There is
hereby appropriated and programmed for immediate release out of any
unappropriated balances in the National Treasury or other sources the
amount of THREE MILLION PESOS (P3,000.000.00) as the initial operating
fund of the SRTC.
Sec. 15. Other Statistical Agencies. — Unless
otherwise provided for in this Executive Order or modified by the NSCB
pursuant to its herein authority, all offices, agencies and
instrumentalities of the government including government-owned or
controlled corporations and their subsidiaries engaged in the
production of specialized statistics or otherwise involved in
statistical activities either as their primary function or as part of
their administrative or regulatory functions, shall continue to
discharge such statistical functions in accordance with the provisions
of existing laws, rules and regulations.
Sec. 16. Designated Statistics. — The NSCB shall
designate statistics that should be collected, compiled, processed and
disseminated by agencies in accordance with the statistical calendar
approved by the NSCB. It shall promulgate and implement the rules and
regulations concerning designated statistics and shall periodically
review the list of designated statistics as may be deemed appropriate.
Sec. 17. Access to Data of Government Agencies. —
Subject to existing laws, rules and regulations on confidentiality of
information, any individual, institution or instrumentality shall be
given access to unpublished data, provided that the cost incurred is
assumed by the requesting party, in accordance with existing laws,
rules and regulation.
Sec. 18. Timely Release of Statistics. — Agencies
conducting statistical inquiries shall be responsible for ensuring the
timely release of the results thereof to the general public, in
compliance with the statistical calendar approved by the NSCB.
Sec. 19. Statistical Standards. — All government
agencies shall adopt statistical standards prescribed by the NSCB,
including standard concepts and definitions, techniques, procedures and
classification systems.
Sec. 20. Funds Programming. — The NSCB shall be
responsible for the review and prioritization of statistical activities
in coordination with appropriate government agencies, given the
budgetary ceiling provided by the MBM. The NSCB will also be
responsible for determining how the available financial resources will
be allocated among the prioritized activities. The MBM shall release
the funds in accordance with the priorities set by the NSCB.
Sec. 21. Abolition of Existing Government Bodies.
— The committees on Statistical development created under Letter of
Instructions No. 601, the Statistical Advisory Board created under Part
VI, Chapter II, Article II of the 1972 Integrated Reorganization Plan,
and the Statistical Coordination Office of the National Economic and
Development Authority are hereby abolished and their appropriations,
records and properties, if any, and such personnel as may be necessary
shall be transferred to the NSCB.
Sec. 22. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with., unless otherwise provided elsewhere
in this Executive Order:
(a)
The transfer of a government unit shall include the functions,
appropriations, funds, records, equipment, facilities, choses 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 unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution. Those personnel of the transferred
unit whose positions are not included in the Philippine Statistical
System’s new position structure and staffing pattern approved and
prescribed by the NSCB Chairman 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. 23 hereof.
(b) The
transfer of functions which results in the abolition of the government
unit that has exercised them shall include the appropriations, funds,
records, equipment, facilities, choses 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
Minister 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 unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Its personnel, whose positions
are not included in the Philippine Statistical System’s new position
structure and staffing pattern approved and prescribed by the NSCB
Chairman under Sec. 23 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. 23.
(c) The
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, choses in
action, rights, other 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 respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17(1986) or
Article III of the Freedom Constitution. Any personnel, whose position,
is not included in the Philippine Statistical System’s new position
structure and staffing pattern approved and prescribed by the NSCB
Chairman under Sec. 23 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. 23.
(d) In case of
the abolition of a government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds
of the abolished unit shall revert to the General Fund, while the
records, equipment, facilities, choses in action, rights, and other
assets, thereof shall be allocated to such appropriate units as the
NSCB Chairman 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 unit shall be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations, while the personnel thereof,
whose positions are included in the Ministry’s new position structure
and staffing pattern approved and prescribed by the NSCB Chairman under
Sec. 23 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. 23.
(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, choses in action, rights, other
assets, liabilities if any, and personnel, as may be necessary, or (1)
the units that compose the merged unit or (2) the absorbed unit, as the
case may be. Such personnel 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 pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Any such personnel, whose
position is not included in the Philippine Statistical System’s new
position structure and staffing pattern approved and prescribed by the
NSCB Chairman under Sec. 23 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. 23.
(f) In case of
termination of a function which does not result in the abolition of the
government unit which has performed such function, the appropriations
and funds intended to finance the discharge of such function shall
revert to the General Fund, while the record, equipment, facilities,
choses in action, rights and other assets used in connection with the
discharge of such function shall be allocated to appropriate units as
the NSCB Chairman 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 the Government Auditing Code and
other pertinent laws, rules and regulations. The personnel who have
performed such function, whose positions are not included in the
Philippine Statistical System’s new position structure and staffing
pattern approved and prescribed by the NSCB Chairman under Sec. 23
hereof or who have not been appointed, shall be deemed separated from
the service and shall be entitled to the benefits provided in the
second paragraph of the same Sec. 23.
Sec. 23. New Structure and Pattern. — Upon
approval of this Executive Order, the officers (the term “officer” as
used in this Executive Order is intended to be within the meaning of
the term “official” as used in the Freedom Constitution) and employees
of the abolished entities mentioned in Sec. 21 hereof shall, in a
holdover capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service
pursuant to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution.
The new position structure and staffing pattern of the Philippine
Statistical System shall be approved and prescribed by the NSCB
Chairman 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 the 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 highest salary
received, but in no case shall such payment exceed the equivalent of 12
months salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee effected under this Executive Order.
Sec. 24. Notice of 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 such that notice to or consent of creditors are required to
be made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 25. Periodic Performance Evaluation. — The
NSCB Chairman is hereby required to formulate and enforce a periodic
system of measuring objectively the performance of the NSCB, which
shall be submitted semi-annually and annually to the President.
Sec. 26. Prohibition Against Change. — No change
in the reorganization herein prescribed shall be valid except upon
prior approval of the President for the purpose of promoting efficiency
and effectiveness in the delivery of public service.
Sec. 27. Funding. — Funds needed to carry out the
reorganization of any agency or office as a result of this Executive
Order shall be taken from funds available in said agency or office.
Sec. 28. Implementing Authority of NSCB Chairman.
— The NSCB Chairman shall issue such rules, regulations and other
issuances as may be necessary to ensure the effective implementation of
the provisions of this Executive Order. phil
Sec. 29. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof, as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 30. Repealing Clause. — All laws, ordinances,
rules and regulations, other issuances, or parts thereof which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 31. Effectivity. — This Executive Order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eighty-seven.
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Since 19.07.98.