QuestionsQuestions (EXECUTIVE ORDER NO. 112)
EO 112 anchors its authority on (1) Section 15, Chapter I, Title VIII, Book IV of EO 292 (Revised Administrative Code of 1987) mandating the DND to maximize effectiveness for guarding against threats to national peace and security and providing support for social and economic development; (2) Section 20, Chapter 7, Title I, Book III of EO 292 which empowers the President to exercise vested powers/functions; and (3) Section 77 of RA 8745 (FY 1999 GAA) allowing the President to direct changes in organization and key positions in departments/bureaus/agencies.
Consistent with EO 292, the DND is mandated to maximize its effectiveness for guarding against external and internal threats to national peace and security, promote the welfare of soldiers and veterans, and provide support for social and economic development (Sec. 1).
EO 112 Sec. 2 lists roles such as: (1) lead line agency/authority in formulating national defense-security policies, plans and programs; (2) monitor and evaluate implementation of defense-security policies/plans/programs; (3) administrator of NDCC special funds for calamity/disaster assistance to LGUs/communities/families/citizens; (4) innovator of new defense and security strategies pursuant to the national defense plan; (5) enabler of NGAs, LGUs, GOCCs, NGOs, POs and civil society in implementing civil defense and socio-economic programs requiring defense/military assistance; plus other roles like advocate for socio-economic concerns and implementer of international defense/security commitments.
EO 112 Sec. 3 provides that to accomplish its mandate, the Department shall (a) formulate/develop/promote defense and security policies, plans, programs and projects; (b) direct/plan/supervise the national defense program; (c) undertake research/studies to ensure effective implementation; (d) exercise supervision and control over key entities (AFP, GA, OCD, PVAO, NDCP); and other functions including standards/accreditation/emergency management assistance, advocacy and dissemination of information, augmentation funding/resources for partners, implementation of defense linkages in coordination with DFA, and other functions provided by law.
The ROAP is the framework for operational and organizational adjustments in the DND to ensure efficiency and effectiveness (Sec. 4[a]). It covers: (1) clustering bureaus and offices to ensure accountability; (2) establishment of a reporting system with clear lines of authority; (3) realignment of responsibilities into functional categories (operations; policy and strategic planning; administration and finance); and (4) rationalization of staffing, including integration/rationalization of occupants of casual positions (Sec. 4[b]).
EO 112 states that the DND shall prepare the ROAP (Sec. 4[a]). The ROAP must be submitted to the DBM for approval prior to implementation by the DND Secretary (Sec. 4[b]). DBM may also create key positions or upgrade positions if necessary.
The realignment of offices must delineate responsibilities based on: (1) operations; (2) policy and strategic planning; and (3) administration and finance (Sec. 4[b][c] of EO 112).
EO 112 Sec. 5 provides that existing DND personnel may be redeployed as necessary in accordance with the ROAP and existing civil service laws/rules; however, redeployment must not result in diminution in rank and compensation of affected personnel.
EO 112 Sec. 6 states the resources shall come from available DND funds but the total cost of the approved staffing pattern must not exceed authorized appropriations of the agency for Personal Services, and also must not exceed the outlay for Personal Services under the existing OAF of RA 8745 (FY 1999 GAA).
EO 112 cites Section I.XLVIII of RA 8745 (1999 GAA) as providing for the OAF for the DND under the Office of the Secretary. The OAF is relevant to funding constraints and personal services outlay for implementing staffing changes under the EO (Sec. 6).
EO 112 Sec. 7 provides that all other Executive Orders and issuances inconsistent with EO 112 are rescinded or modified accordingly—meaning only inconsistent parts are affected.
Under Sec. 8, if any provision of EO 112 is held invalid, the remaining provisions not affected thereby remain valid and binding (classic separability doctrine).
EO 112 Sec. 9 states it takes effect immediately. Practically, DND can begin preparing the ROAP promptly, but actual implementation of organizational/operational adjustments still requires DBM approval prior to action by the DND Secretary (Sec. 4).
EO 112 Sec. 3(a) says policy/plans/programs in defense and security are formulated/developed/promoted “in coordination with the NSC.” It also states that in coordination with DFA, the DND implements/promotes/maintains bilateral and multilateral defense and military cooperation linkages initiated/negotiated/concluded by DFA (Sec. 3[h]).
EO 112 Sec. 3(d) explicitly includes: the Armed Forces of the Philippines (AFP), Government Arsenal (GA), Office of Civil Defense (OCD), Philippine Veterans Affairs Office (PVAO), and the National Defense College of the Philippines (NDCP).
EO 112 Sec. 4[b][d] requires that the revised staffing complement includes a rationalization and/or integration plan for occupants of casual positions—implying that staffing adjustments must address casual employment status within the rationalization process.