QuestionsQuestions (EXECUTIVE ORDER NO. 130)
Executive Order (EO) No. 130 reorganizes the Presidential Management Staff (PMS) to strengthen the Office of the President’s development management functions and prevent dissipation of public resources. It is anchored on the government reorganization mandate under the Freedom Constitution (Article II, Sec. 1[a] and Article III), and on EO No. 5 (1986), which directs necessary and proper organizational changes to improve efficiency and effectiveness in public service delivery.
The Office of Development Management (ODM) is abolished. All its pertinent functions, together with applicable records, equipment, and personnel, are transferred to the PMS pursuant to the EO’s provisions (Sec. 2).
The PMS is the primary government agency directly responsible to the Office of the President for providing staff assistance in the Presidential exercise of overall management of the development process (Sec. 4[a]).
Examples include: (1) provide technical assistance and advice to the President on development process management; (2) analyze and monitor national programs and projects; (3) formulate and implement development management information systems; (4) conduct continuing analysis and evaluation of economic, social and political trends; (5) conduct studies on methods for effective execution of development programs; (6) provide centralized feedback mechanisms on national project implementation; among others.
Sec. 5(m) grants PMS direct control and supervision over organizations/offices/agencies/programs/projects aligned/assigned/transferred to the Office pursuant to specified Administrative Orders or other presidential issuances. Sec. 5(n) authorizes PMS to organize and supervise task forces necessary to respond to Presidential instructions.
The PMS consists of (1) the Presidential Management Staff proper—Office of the Deputy Executive Secretary with his immediate staff; (2) the Office of the two Assistant Secretaries; and (3) two operations groups: (a) Presidential Policy and Management Group; and (b) Development Monitoring and Management Group (Sec. 6).
The Deputy Executive Secretary is appointed by the President (Sec. 7[a]). The Deputy Executive Secretary is assisted by two Assistant Secretaries who are appointed by the President upon the recommendation of the Deputy Executive Secretary (Sec. 8[a]).
The Deputy Executive Secretary’s office is assisted by five staff support services: Administrative Service, Financial Service, Legal Service, External Relations Service, and Communication and Information Service (Sec. 9[a]).
The Presidential Policy and Management Office is reorganized internally from the existing organization of the PMS (Sec. 10). The Development Monitoring and Management Group is created from the existing organization and original offices of ODM and reorganized internally (Sec. 11); all regional offices and area coordinators of the existing ODM are under this group.
All agencies formerly attached to ODM are attached to the PMS. PMS will undertake management studies and prepare recommendations to the President on proper dispositive actions for these agencies/corporations, and such actions require Presidential approval (Sec. 12).
The head of PMS sits as member of: (1) National Reconciliation and Development Council; and (2) Housing and Urban Development Coordinating Council (Sec. 13[a], [b]).
The transitory provisions require that transfers include functions, appropriations, funds, records, equipment, facilities, assets and liabilities, and personnel as necessary. Personnel generally continue in a hold-over capacity with corresponding salaries/benefits unless separated pursuant to EO No. 17 (1986) or Article III of the Freedom Constitution. Personnel whose positions are not included in the new staffing pattern and who are not reappointed are deemed separated and become entitled to the benefits in Sec. 15’s second paragraph (hold-over then separation with benefits).
The Deputy Executive Secretary must approve and prescribe the new position structure and staffing pattern within 120 days from the EO’s approval (Sec. 15). Authorized positions are to be filled with regular appointments by him or the President as the case may be.
Sec. 15(b) provides that no court or administrative body shall issue any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under the EO.
Those separated receive retirement benefits under existing laws if entitled. Otherwise, they are paid the equivalent of one (1) month basic salary for every year of service (or fraction thereof), based on the highest salary received; however, the payment cannot exceed the equivalent of twelve (12) months salary.
EO No. 130 authorizes transitional funding to PMS in the amount of P232,000,000.00 to carry out the EO’s provisions. It is to be taken from the Compensation and Organizational Adjustment Fund (COAF) of the 1987 General Appropriations Act (Sec. 19).
Sec. 17 requires notice or consent if the authorized reorganization change is of such substance or materiality as to prejudice third persons with rights recognized to or if notice or consent of creditors is required pursuant to any agreement entered into with such creditors; these must be complied with prior to implementation.