Title
Restructuring the Department of Agriculture
Law
Executive Order No. 338
Decision Date
Jan 10, 2001
Executive Order No. 338 mandates the restructuring of the Department of Agriculture to enhance efficiency, improve support for farmers and fishermen, and promote sustainable growth in the agriculture and fisheries sectors through streamlined operations and expanded functions.

Questions (EXECUTIVE ORDER NO. 338)

EO 338 provides that the Department of Agriculture (DA) is the principal government agency responsible for the promotion of agricultural and fisheries development and growth, and it shall provide policy framework, direct public investments, and support services in partnership with LGUs to make agriculture and agri-based enterprises profitable and benefit the poor, especially in rural areas.

SEC. 2 lists functions including: (a) creating a policy environment for sustained income growth; (b) providing infrastructure support (irrigation, farm-to-market roads, fish ports, postharvest facilities); (c) generating and disseminating information and conducting R&D linked to extension; (d) producing and disseminating superior germplasm; (e) facilitating market access and agro-based enterprises; (f) regulatory control for health/safety, resource conservation, pest control, anti-unfair import practices, implementing international commodity agreements, and ensuring export quality; (g) empowerment programs for disadvantaged groups; and (h) other functions provided by law.

The ABRP streamlines and reorients the DA’s structure along functional lines to achieve efficiency, enhance coordination, improve farmers’ and fishermen’s access to support services, strengthen partnership with LGUs, and reduce the cost of doing business in agriculture and fisheries.

The DA consists of: (1) Office of the Secretary; (2) Department Services and Bureaus; (3) Regional Offices; and (4) attached agencies and corporations. The Office of the Secretary includes the Secretary and immediate staff, Inspectorate General, Corporate Affairs Office, Department Spokesperson, and Office of Regional Executive Directors.

EO 338 provides that the Secretary shall be assisted by five (5) Undersecretaries and six (6) Assistant Secretaries, plus the Inspectorate General and the Department Spokesperson.

The Undersecretary for Extension, LGU Support and Infrastructure oversees extension and marketing assistance, infrastructure, and support to LGUs for devolved agricultural services, and has direct supervision over the Assistant Secretary for Extension and LGU Support and the National Irrigation Administration (NIA).

EO 338 provides that the Undersecretary for Research and Development supervises BAR, BPRE, BSWM, Philippine Carabao Center (PCC), Cotton Development Authority (CODA), and the Philippine Rice Research Institute (PhilRice).

The Undersecretary for Fisheries and Regulation oversees fisheries plans, programs, and projects and supervises fishery agencies/bureaus attached to DA. It also leads development and enforcement of product standards and food-safety rules consistent with internationally accepted practices, and supervises the Assistant Secretary for Regulation and BFAR, NFRDI, and PFDA.

EO 338 states the Undersecretary provides policy advice to the Secretary, planning support, supervision of agricultural statistics collection/monitoring/publication, and supervises BAS, ACPC, and the Trade Remedies Office (TRO), including policy-formulation and project development support.

This Undersecretary oversees staff support services, administration and finance management, and is responsible for legal and legislative concerns. It also serves as liaison of DA with Congress and concerned Executive Branch offices, supervising LLAS, Financial and Management Service (FMS), and the Administrative Service (AS) through the Assistant Secretary for Finance and Administration.

LLAS is created to handle legal requirements of DA, including quasi-judicial and regulatory functions of DA and its bureaus and attached agencies/corporations; and it also liaises with Congress and Executive Branch offices for advocacy and legislation needed to modernize agriculture and fisheries. It reports to the Undersecretary for Finance and Administration through the Assistant Secretary for Finance and Administration.

EO 338 provides that TRO is responsible for implementation of anti-dumping, countervailing, and safeguard laws. It assists the Secretary in initiation of action, review of private sector petitions, serving notices, assessment of petitions, and imposition of duty.

The Countertrade Unit explores, negotiates, and concludes countertrade agreements to increase exports of Philippine agricultural products. It also reviews and monitors implementation of such agreements and performs other functions assigned by the Secretary.

EO 338 creates the Office of the Inspectorate General to monitor ongoing DA programs and projects (including foreign-assisted or regular), check progress, performance, and financial flows; review effectiveness of service delivery and performance of RFUs/bureaus/attached agencies/corporations; and recommend measures.

EO 338 provides: (1) personnel may be redeployed in accordance with the revised organizational structure and civil service rules, without diminution in rank and compensation; and (2) no personnel shall be laid off or dismissed as a result of the EO. However, voluntary separation may qualify for separation benefits under existing laws, and those not covered receive separation benefits equivalent to one basic salary per year of service (or proportionate) plus terminal fee benefits under existing laws.

EO 338 directs the Department of Budget and Management to expedite approval of the ABRP staffing pattern within fifteen (15) days from issuance, ensuring funds are available. It also sets aside the amount necessary for ABRP disbursement by DA, subject to usual accounting and auditing rules.

SEC. 35 enumerates attached agencies/corporations such as: Agricultural Credit Policy Council, Cotton Development Authority, Fertilizer and Pesticide Authority, Fiber Industry Development Authority, Livelihood Corporation and subsidiaries, Livestock Development Council, National Agricultural and Fishery Council, National Dairy Authority, National Food Authority and subsidiaries, National Irrigation Administration, National Meat Inspection Commission, National Nutrition Council, National Tobacco Administration, Philippine Carabao Center, Philippine Coconut Authority, Philippine Crop Insurance Corporation, Philippine Fisheries Development Authority, Philippine Rice Research Institute, Quedan and Rural Credit Guarantee Corporation, SIDCOR and subsidiaries, Sugar Regulatory Administration.

EO 338 states that the Regional Executive Director (RED) has neither supervisory function nor line authority over counterparts from bureaus/attached agencies/corporations in the region. Similarly, Regional Technical Directors (RTDs) have neither supervisory nor line authority over heads/representatives of other DA bureaus and attached agencies/corporations in the region.


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