QuestionsQuestions (EXECUTIVE ORDER NO. 97)
EO No. 97 cites the President’s control over executive departments under Section 17, Article VII of the 1987 Constitution, and the continuing authority to reorganize the Office of the President under Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (Administrative Code of 1987).
EO No. 199 (s. 2000) created the Presidential Commission on the Visiting Forces Agreement (PCVFA) under the Office of the President to monitor compliance with the Visiting Forces Agreement (VFA).
EO No. 175 renamed the PCVFA to the Presidential Commission on Visiting Forces (PCVF). EO No. 97 further reorganizes the PCVF by amending EO No. 175.
The Commission is attached to the Department of Foreign Affairs (DFA) while under the oversight of the Office of the President, and it acts as the lead inter-agency mechanism for policy coordination and provides advice, guidance, and assessment to ensure that all SOFAs serve the national interest.
For purposes of EO No. 97, 'SOFA' refers to the VFA, the SOVFA, and future status of forces agreements that may be included in the Commission’s mandate by order or directive of the President.
EO No. 97 maintains a leadership composed of the DFA Secretary as Chairman and the Secretary of National Defense as Vice-Chairman, and sets a specific composition including multiple Cabinet secretaries, the National Security Adviser, the VFACOM Executive Director, and representatives.
It includes the Secretary of Foreign Affairs (Chairman), Secretary of National Defense (Vice-Chairman), Secretary of Justice, Secretary of Social Welfare and Development, Secretary of the Interior and Local Government, National Security Adviser, VFACOM Executive Director, a Representative from the Office of the President, and one Private Sector representative appointed by the President.
The Private Sector representative is appointed by the President and serves as one (1) member of the Commission.
EO No. 97 deletes Section 4 of EO No. 175 and renumbers Sections 5 to 10 of EO No. 175 as Sections 4 to 9 of the amended text, thereby restructuring references and section numbering.
The President, upon the recommendation of the Department of Foreign Affairs and the Department of National Defense, shall appoint or designate an Executive Director.
If the Executive Director is designated, he or she must be a senior government official with a rank of at least an Assistant Secretary.
The Executive Director reports directly to the Chairman of the Commission and has direct operational and supervisory authority over all personnel of the Commission, and over personnel from concerned agencies who may be detailed to the Commission.
The present Executive Director of the Commission shall continue to serve until his or her successor is appointed or designated.
EO No. 97 repeals, amends, or modifies any inconsistent parts of existing issuances, orders, rules, and regulations accordingly.
If any provision of EO No. 97 is declared invalid or unconstitutional, the remaining provisions not affected thereby remain in force and effect.
It takes effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.
The Commission is intended to ensure that all SOFAs serve the national interest through policy coordination and continuous assessment among inter-agency participants.
Although the Commission is attached to the DFA, it remains under the oversight of the Office of the President, indicating executive-level monitoring beyond departmental attachment.