QuestionsQuestions (EXECUTIVE ORDER NO. 112)
EO 112 cites (1) Section 15, Chapter I, Title VIII, Book IV of Executive Order No. 292 (Revised Administrative Code of 1987) as the mandate of the DND; (2) Section 20, Chapter 7, Title I, Book III of EO 292 regarding presidential powers; and (3) Section 77 of the RA 8745 (1999 General Appropriations Act) permitting changes in organization and key positions in departments, bureaus, or agencies, along with the existence of the Organizational Fund (OAF) under Section I.XLVIII of RA 8745 for the DND.
EO 112 enumerates roles such as: lead agency/authority in formulating defense-security policies; monitor/evaluate implementation; administrator of NDCC special funds for calamity/disaster assistance; innovator of defense and security strategies; enabler of NGAs, LGUs, GOCCs, NGOs, POs, and civil society for civil defense and development programs requiring defense assistance; advocate for social and economic development concerns (including resource/environmental protection up to the EEZ, emergency preparedness/mitigation, and soldiers’/veterans’ welfare); and implementor of international defense/security commitments.
“Functional Focus” describes how the DND accomplishes its mandate and roles. Examples include: formulating/developing/promoting defense and security policies and programs (in coordination with the NSC); directing/planning/supervising the national defense program; conducting research and studies to ensure effective implementation of the national defense plan; exercising supervision and control over the AFP, Government Arsenal, OCD, PVAO, and NDCP; supervising standards/accreditation and providing technical assistance related to emergency management and defense-assisted development activities; disseminating information on defense-security issues; providing augmentation funding/resources for civil defense partners; maintaining defense/military cooperation linkages with other states (in coordination with DFA); and performing other functions provided by law.
EO 112 requires the DND to prepare a ROAP as the basis for organizational and operational adjustments. It provides the framework for: (a) clustering bureaus/offices for accountability; (b) establishing a reporting system with clear lines of authority; (c) realigning responsibilities based on functional categories (operations; policy and strategic planning; administration and finance); and (d) rationalizing the staffing pattern, including integration/rationalization planning for casual position occupants.
The ROAP must be submitted to the Department of Budget and Management (DBM) for approval prior to implementation by the DND Secretary. EO 112 authorizes DBM to create key positions and/or upgrade existing positions if found necessary.
EO 112 provides that existing DND personnel shall be redeployed as necessary according to ROAP requirements and existing civil service laws and rules, and specifically states that redeployment shall not result in diminution of rank and compensation of affected personnel.
EO 112 states that financial resources for implementing the ROAP shall come from funds available in the DND, but the total cost of the approved staffing pattern shall not exceed the authorized appropriations for the agency for Personal Services, as well as the outlay for Personal Services under the existing OAF of RA 8745 (1999 GAA).
EO 112’s recitals indicate the need to re-cluster for accountability and to establish a reporting system with clear lines of authority among various offices in the Department and among those in the Office of the Secretary of National Defense.
EO 112 expressly uses three functional categories: (1) operations; (2) policy and strategic planning; and (3) administration and finance.
EO 112 requires that the resulting revised staffing complement includes a rationalization and/or integration plan for the occupants of casual positions, and this is part of what the ROAP must cover.
No. EO 112 requires that the ROAP be submitted to DBM for approval prior to implementation by the DND Secretary. EO 112 also explicitly authorizes DBM to create or upgrade positions only in the context of the approved ROAP.
EO 112’s separability clause provides that if any provision is held invalid, other provisions not affected thereby remain valid and binding.
EO 112 states it takes effect immediately upon adoption (18 June 1999). This generally means the Executive Order’s legal force begins upon effectivity, though specific implementation steps (such as ROAP submission/DBM approval) still must follow the procedural requirements stated in the EO.
EO 112 repeals or modifies, as necessary, all other Executive Orders and issuances inconsistent with its provisions—meaning conflicting parts are rescinded/adjusted to the extent of inconsistency.
EO 112 states that defense and security policies/plans/programs are to be formulated and promoted “in coordination with the NSC,” and that bilateral/multilateral defense and military cooperation linkages initiated/negotiated/concluded by DFA are implemented “in coordination with” the Department of Foreign Affairs.