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PRESIDENTIAL DECREE NO. 1376
PRESIDENTIAL DECREE NO. 1376 -
DELINEATING PRIMARY AND JOINT RESPONSIBILITIES OF GOVERNMENT WIDE
SERVICE AGENCIES AND ESTABLISHING THE MECHANISM THEREOF
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WHEREAS,
various laws have granted specific and general mandate for
government-wide service agencies to undertake activities relative to
auditing, consultancy, training, and general management services;chanroblesvirtualawlibrary
WHEREAS, it is recognized that government-wide service agencies, in the
performance of their main functions, have evolved their own distinct
institutional expertise which should be given impetus within the
context of a total systems approach for the efficient and effective
conduct of government operations;chanroblesvirtualawlibrary
WHEREAS, there is a need to formulate policy guidelines which would
maintain the comparative advantage, optimize the resources, and enhance
the overall capability of the government-wide service agencies; and
WHEREAS, the setting up of institutional arrangements among
government-wide service agencies is necessary to ensure coordination,
avoid duplication of efforts and provide adequate to the critical areas
of governmental administration.
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
A. DELINEATION OF PRIMARY RESPONSIBILITIES
Section 1. General Principle. — The primary
responsibility of an agency shall refer to the major functions,
activities, and authorities essential to the accomplishment of its
basic goals and objectives as mandated by law or competent authority
which distinguishes it from other agencies and serves as guide towards
avoiding duplication or overlapping of functions.
The primary responsibility of government-wide service agencies shall
serve as the main criterion in delineating their activities and in
determining the principal agency which shall undertake specific
service-wide functions: Provided, That primary responsibility shall not
be interpreted to mean an exclusive and pre-emptive right; Provided,
Further, That in case a service-wide agency conducts supportive or
related activities they shall be undertaken in close consultation or
jointly with the appropriate agency which has primary responsibility
relative to said activities.
Section 2. Scope. — The government-wide service
agencies shall refer primarily to the Commission on Audit, Civil
Service Commission, Budget Commission, and other related or similar
agencies concerned with specific activities as listed under Section 3
below.
Section 3. Specific Guidelines. — The primary
responsibilities of government-wide service agencies with respect to
the following activities among others, are hereby delineated and
prescribed.
(a) Audits. — In the conduct of performance or
similar audits, the Commission on Audit shall have primary
responsibility for the examination and audit of financial transactions,
accounts and reports; the Civil Service Commission for the inspection
and audit of personnel management programs including personnel
performance evaluation, and the Budget Commission for management audit,
with emphasis on organization and staffing, methods improvements,
resources utilization and cost benefit effectiveness.
(b) Management Consultancy. — In the provision of
management consultancy services, the functional delineation among
government-wide service agencies as indicated in the immediately
preceding paragraph shall be followed. In case, however, of contracts
for management consultancy services, the provisions of Section 7 of
this Decree shall apply.
(c) Training. — In the conduct of non-degree training
programs, the abovementioned functional delineation shall be observed.
It is however, recognized that training is an integral function of any
agency. The Commission on Audit shall have the primary responsibility
for training in the field of accounting and auditing rules, procedures
and related matters; the Civil Service Commission for general policies
and overall coordination of training programs for government personnel
without prejudice to the specialized role of the Career Executive
Service Board relative to the training for senior level government
executives, and the Budget Commission for budgeting, organization and
management, compensation and classification and related management
activities.
(d) Debt Recovery. — The Office of the
Solicitor-General shall have primary responsibility for the prosecution
of collection and recovery cases that are referred to it by the
Commission on Audit or other government agencies: Provided, That the
Commission on Audit or the agency concerned shall have primary
responsibility for the institution of measures that would lead to the
discovery and investigation of accounts and claims due the government,
including the institution of such administrative actions as may be
feasible, short of legal proceedings, either by itself or through the
agency concerned, to secure collection and recovery thereof. Where
legal action is deemed necessary, the Commission on Audit or the agency
concerned shall gather all the evidence and papers pertinent thereto
and refer the matter to the Offices of the Solicitor-General for
prosecution.
(e) Accounting. — The Commission on Audit shall have
primary responsibility for the issuance of accounting rules and
regulations and for the technical supervision of accounting offices of
government agencies with respect to the implementation of such
issuances. The Budget Commission shall be responsible for the design,
preparation and approval of accounting systems of government agencies.
The National Computer Center shall have primary responsibility for
providing overall assistance or advice with respect to systems
mechanization or computerization.
Section 4. Staffing Pattern. — The Commission on
Audit and other independent constitutional bodies or agencies shall
determine their respective staffing patterns in accordance with the
abovementioned delineation of activities, subject to pertinent
budgetary and compensation laws. chanroblesvirtualawlibrary
B. COMMITTEE ON GOVERNMENT MANAGEMENT CONSULTANCY
Section 5. Creation. — In order to avoid duplication
of activities and to promote consistency in the application of relevant
national policy, a Committee on Government Management Consultancy
hereinafter referred to as the Committee is hereby created under the
Office of the President. The Committee shall be composed of the
Presidential Executive Assistant or his representative from the Office
of the President who shall serve as Chairman and with the heads or
designated representatives of the Commission on Audit, Civil Service
Commission, and Budget Commission as members: Provided, That the
Chairman of the Presidential Commission on Reorganization and the
Managing Director of the NCC may attend meetings of the Committee where
required as may be determined by the Committee: Provided, Further, That
the Committee shall call upon the heads or representatives of affected
agencies as may be necessary, to facilitate the conduct of its work on
specific matters.
Section 6. Functions. — The Committee shall perform
the following powers and functions:cralaw:red
(a) Process and approve, or refer to the appropriate
government-wide service agency for appropriate action, management
consultancy services of government agencies with other government or
private institutions in accordance with the provisions contained in
Section 7 of this Decree: Provided, That processing and approval shall
be related only to the determination of the appropriateness,
suitability or capability of the supplier firm or parties contracted to
provide said services;chanroblesvirtualawlibrary
(b) Recommend such modifications as may be necessary
in the terms and conditions of the contract for management consultancy
services pursuant to the conditions state in the immediately preceding
paragraph;chanroblesvirtualawlibrary
(c) Institute individually or jointly, such
measures, as may be necessary to improve the in-house capability of
government-wide service agencies to meet the management consultancy
requirements of the government;chanroblesvirtualawlibrary
(d) Recommend to the President policy measures as
would optimize the government's utilization of management consultancy
services; and
(e) Perform such other functions as may be assigned
to it by competent authority. chanroblesvirtualawlibrary
Section 7. Rules Governing Management Consultancy
Services. — Management Consultancy Services shall refer to contract
with government or private institutions for services to undertake
studies relating to finance, personnel, and management systems the
results of which are recommendatory to the agency concerned. In
addition to whatever supplementary rules which the Committee may
promulgate, the following shall govern the processing of contracts for
management consultancy services:cralaw:red
(a) Proposed contracts which are internal to the
government or where the parties involved are all government agencies
and concern only a specialized field shall be directly forwarded by the
user agency for processing and approval to the relevant government-wide
service agency in accordance with the functional specialization as
delineated in Section 3 above: Provided, That if a contract involves
several functional fields it shall be referred to the Committee for
processing and approval;chanroblesvirtualawlibrary
(b) Proposed contract which involves private firms
or institutions regardless of whether they concern a specialized field
or not, shall be forwarded to the Committee for proceeding and
approval: Provided, That in all cases, the evaluation of contracts
shall be in accordance with the provision of Section 6(a) of this
decree relative to the appropriateness of the contracted firm or party.
Section 8. Exemptions. — The following contracts for
management consultancy services are exempt from the provisions of this
decree:cralaw:red
(a) Contracts with private individuals in their
personal capacity and not in representation of a partnership or firm;chanroblesvirtualawlibrary
(b) Contracts involving an amount of less than
P50,000.00; Provided, That a series of contracts with the same firm on
related matter shall be considered as one contract;chanroblesvirtualawlibrary
(c) Contracts involving non-profit private or
public research of educational institutions, whether as users or
suppliers of management consultancy services; and
(d) Contracts arising out of bilateral or
multilateral external assistance programs of the government where such
contracts are part of the assistance program. chanroblesvirtualawlibrary
Section 9. Staff Support. — The member agencies of
the Committee shall contribute such resources as may be necessary for
its operations.
C. GENERAL PROVISIONS
Section 10. Repealing Clause. — All laws, decrees,
charters, executive orders, administrative orders, proclamations, rules
and regulations or parts thereof that are in conflict with this decree
are hereby repealed or modified accordingly.
Section 11. Effectivity. — This decree shall
take effect immediately.
Done in the City of Manila,
this 16th day of May, in the year of Our Lord, nineteen hundred and
seventy-eight.
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