QuestionsQuestions (EXECUTIVE ORDER NO. 123)
It cites the Freedom Constitution mandate for reorganization (Article II, Section 1[a] and Articles III) and EO No. 5 (1986), which directs that necessary and proper changes in organizational and functional structures be effected to promote efficiency and effectiveness in public service delivery.
The State is committed to the care, protection, and rehabilitation of the least fortunate segment of the population (individual, family, and community), which has the least in life and needs social welfare assistance and social work intervention to restore normal functioning and participation in community affairs.
Strategy: provide a balanced approach to welfare addressing needs not only at the outbreak of crisis but more importantly at the stage leading inexorably to crisis. Objectives include: (a) care/protection/rehabilitation of physically and mentally handicapped and socially disabled; (b) integrated welfare package based on needs and coordination with other ministries/agencies; (c) arrest deterioration of disabling/dehumanizing conditions at community level; (d) advocate policies addressing social welfare concerns.
Examples include: formulate and implement social welfare plans/programs/projects; adopt policies for effective implementation of social welfare programs for public and private services; promote/support/coordinate non-governmental social welfare facilities; establish/operate institutional facilities; build people's organizations; accredit institutions/organizations; regulate fund drives and donations; set standards/accredit/monitor social welfare activities; and exercise technical supervision and deputize agencies for protection of exploited/abused/disadvantaged persons.
The authority and responsibility for implementing the Ministry’s mandate and for exercising its powers and functions are vested in the Minister of Social Welfare and Development, who has supervision and control over the Ministry and is appointed by the President.
The Ministry (aside from Ministry Proper) consists of Bureaus, Regional Offices, Provincial/City Offices, and Municipal/District Offices. The Ministry Proper includes the Office of the Minister, the Offices of the Deputy Ministers and Assistant Ministers, and the Services; specifically, the Office of the Minister consists of the Minister, immediate staff, and the Public Affairs and Liaison Service.
The Minister is assisted by two Deputy Ministers: (1) one Deputy Minister (at least one must belong to the career executive service) supervises internal operations; (2) the other handles liaison between the Minister and attached agencies of the Ministry.
(a) Supervise Personnel Development Service, Administrative Service, and Financial Service; (b) Supervise the Bureaus: Child and Youth Welfare, Women’s Welfare, Family Community Welfare, Emergency Assistance, and Disabled Persons’ Welfare; (c) Supervise Planning and Monitoring Service and Legal Service, and assist the Deputy Minister and Minister in matters pertaining to regional/field operations.
Personnel Development: manpower/career planning/personnel transactions/employee welfare. Financial Service: budget, collection, disbursement, and other financial matters. Administrative: records, correspondence, supplies, property/equipment, security, and general services. Planning and Monitoring: policy/strategic and operational planning, management systems/procedures, evaluation and monitoring. Legal Service: legal matters, especially proposed legislations. Public Affairs and Liaison: public information/publications and coordination/mobilization of volunteers and NGOs/ cause-oriented groups.
They are essentially staff in character and exercise technical supervision over Regional Offices; they are primarily involved in developing policies and programs within their specializations and formulate guidelines/standards to guide Regional Offices in implementing such policies and programs.
To provide efficient and effective services to constituents within the region; ensure implementation of laws/policies/programs/rules on social welfare; secure coordination with other ministries/agencies/institutions and particularly LGUs; and conduct continuing studies and planning to improve services.
Minimum facilities (Section 14) include: Vocational Rehabilitation and Special Education Centers for the Handicapped; Reception and Study Centers; Rehabilitation Center for Youth Offenders; and Day Care Centers. Additional authorized facilities (Section 15) include other centers (handicapped/“street children”/youth with special needs/youth offenders), homes for the aged, homes for unwed mothers, drug abuse centers, other reception and study centers, and other facilities necessary to assist the socially disadvantaged.
Provincial/City Offices formulate and coordinate operational field-level plans/programs, provide specialized services to other units, and gather/communicate feedback to the Regional Office, including maintaining vocational rehabilitation and special education programs for the handicapped. They are headed by a Provincial/City Social Welfare Officer who is accountable for efficient and effective performance and implementation; the officer exercises functional administrative supervision over field operations and may recommend that field resources/personnel be contributed to integrated municipality-wide development efforts.
The new position structure and staffing pattern must be approved and prescribed by the Minister within 120 days from EO effectivity; authorized positions created must be filled by regular appointments by the Minister or the President as appropriate. Those whose positions are not included or are not reappointed are deemed separated from service and are entitled to retirement benefits under existing laws or, otherwise, an amount equivalent to one month basic salary for every year of service (nearest fraction), but not exceeding 12 months.
No court or administrative body shall issue any writ of preliminary injunction or restraining order to enjoin separation/replacement of any officer or employee effected under EO No. 123.
Section 25: No change in the reorganization is valid unless approved by the President, for promoting efficiency and effectiveness in public service delivery. Section 27: If an authorized reorganization change is of such substance/materiality that it prejudices third persons with rights recognized by law or contract requiring creditor notice/consent, such notice or consent must be complied with prior to implementation.
Effectivity: EO No. 123 takes effect immediately upon approval. Separability: if any portion/provision is declared unconstitutional, it does not nullify other portions as long as remaining provisions can subsist and be given effect.