QuestionsQuestions (EXECUTIVE ORDER NO. 149)
EO 149 declares the policy of streamlining the bureaucracy and effecting homogeneous grouping of functionally related government agencies to appropriate departments and/or agencies, with agencies under the Office of the President allowed only if they provide direct staff assistance/support to the President or perform functions requiring the immediate attention of the President.
It cites Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (Administrative Code of 1987), which provides continuing authority to the President to reorganize the administrative structure of the Office of the President.
EO 149 provides: (a) transfer and attachment of agencies/government-owned and/or controlled corporations (GOCCs) to appropriate departments/agencies; (b) integration; (c) abolition of functions/programs/agencies subject to law; and (d) retention of some agencies/GOCCs in the Office of the President subject to Section 1 conditions.
Under Section 3.1, EO 149 transfers: (a) the National Statistical Coordination Board to NEDA, and (d) the National Statistics Office to NEDA.
It is transferred to the Department of Education, Culture and Sports for policy and program coordination and/or administrative supervision.
It is transferred to the Department of Foreign Affairs for policy and program coordination and/or administrative supervision.
The Statistical Research and Training Center is transferred to NEDA for policy and program coordination and/or administrative supervision.
EO 149 provides that GOCC transfers from the Office of the President to appropriate departments/agencies are for policy and program coordination and/or administrative supervision, consistent with Administrative Order No. 59 (s. 1988) and other applicable laws.
It is transferred from the Office of the President to the Department of Finance.
It is transferred to the Department of Environment and Natural Resources.
It is transferred to the University of the Philippines System.
Section 3.3 lists agencies transferred and subject to eventual abolition, including: Economic Support Fund Secretariat (to DPWH), Board of Liquidators (to National Development Company), Development Coordinating Council for Leyte and Samar (to Department of National Defense), Kalinga Special Development Authority (to Department of National Defense), Sequestered Assets Disposition Authority (to the Presidential Commission on Good Government), and Philippine Gamefowl Commission (to the Games and Amusements Board).
The Philippine Human Resources Development Center is integrated with the Presidential Management Staff.
Within 60 days from effectivity, affected departments/agencies must prepare and submit the program to the President through the DBM. The Secretary of Budget and Management reviews and recommends within 60 days upon receipt. Within 30 days after Presidential approval, action documents authorizing structural/staffing/budget changes are issued. Then, within 15 days after approval, Department Secretaries/agency heads issue necessary rules/regulations.
It must include: (a.1) streamlining and rationalization of duplicative/unnecessary/redundant functions/programs/activities resulting from the transfer; (a.2) a policy integration/rationalization plan showing functions affected, mechanisms for policy/program coordination; and (a.3) refocusing/abolition/scaling down/phasing out of functions/programs/activities and corresponding shifts in structure, resources, and staffing.
DBM must document abolition of agencies under Section 3.3. Until actual abolition: (a) non-filling or vacant positions; and (b) non-renewal of contracts of all contractual employees, including casual and temporary employees.
Transferred agencies and corporations must immediately confer and coordinate with the departments/agencies to which they are transferred, and in the meantime continue to operate based on existing internal operational arrangements until the programs are evaluated/approved and implemented.
A transfer includes functions, appropriations, funds, records, equipment, facilities, choses in action, assets and liabilities, and the personnel of the transferred agency or corporation.
If the organizational change is of such substance/materiality that it prejudices third persons with rights recognized by law or contract such that notice to or consent of creditors is required under agreements with those creditors, then such notice/consent must be complied with prior to implementing the Function, Rationalization and Integration Program.
EO 149 takes effect fifteen (15) days after the completion of its publication in at least one (1) national newspaper or newspaper of general circulation.