Title
Revoking PCA Reorganization under EO No. 494
Law
Executive Order No. 4
Decision Date
Jul 11, 1992
Fidel V. Ramos revokes the provisions of Executive Order No. 494, ensuring the Philippine Coconut Authority retains its charter and structure amid public interest concerns.

Questions (EXECUTIVE ORDER NO. 4)

To revoke only the provisions of Executive Order No. 494 (1991) insofar as they concern the Philippine Coconut Authority (PCA), specifically its transformation into a regular line bureau of the Department of Agriculture, and to delete Annex “D” of EO 494.

EO 494 reorganized various government-owned or controlled corporations and provided that the PCA would be transformed into a regular line bureau of the Department of Agriculture to be known as the “Bureau of Coconut Development and Inspection Service,” with corresponding repeal of the PCA charter.

Because if the earlier reorganization had not taken effect, EO No. 4 could revoke the relevant provisions without fully undoing already-implemented structural or legal changes.

Among others: (1) PCA was not identified for privatization/divestment/dissolution under Proclamation No. 50; (2) PCA’s structure combines corporate and regulatory functions and cannot be replaced by the basic line functions of an ordinary bureau; the Department of Agriculture had not included PCA for regularization.

Annex “D” of EO No. 494 is deleted, as expressly provided in Section 1 of EO No. 4.

The PCA’s charter remains in force and effect: Presidential Decree No. 232, as revised by Presidential Decrees Nos. 961 and 1468.

It revokes only the provisions of EO No. 494 on the transformation of the PCA into a regular line bureau, i.e., it revokes the relevant PCA-related portion, not the entire EO 494.

It shall take effect immediately.

It provides the policy rationale for the revocation—indicating that the circumstances did not warrant the reorganization and that keeping PCA’s existing structure better serves public interest.

It notes that PCA’s corporate structure includes both corporate and regulatory functions that cannot be substituted with the basic line functions of a typical bureau.

Proclamation No. 50 authorized the President to amend charters of certain identified entities for privatization, divestment, or dissolution; PCA was not one of the entities identified for such action.

To clarify that despite EO 494’s intended repeal (among other laws), the PCA charter continues to govern PCA’s existence, powers, and structure.

Fidel V. Ramos signed as President; Peter D. Garucho, Jr., signed as Acting Executive Secretary.

EO 494 planned to transform PCA into a line bureau and repeal PCA’s charter; EO 4 revoked the PCA-related transformation provisions (and deleted Annex D) and expressly kept the PCA charter (PD 232 as revised) in force, with immediate effect.


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