QuestionsQuestions (EXECUTIVE ORDER NO. 165)
EO No. 165 transferred the following agencies from the DA to the Office of the President: (a) National Food Authority (NFA), (b) National Irrigation Administration (NIA), (c) Philippine Coconut Authority (PCA), and (d) Fertilizer and Pesticide Authority (FPA).
EO No. 165 cited Paragraph 3, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (s. 1987), the Administrative Code of 1987, which recognizes the President’s continuing authority to reorganize the administrative structure of the Office of the President, including transferring an agency to the OP from other departments and agencies.
The EO states that the National Food Authority was created by Presidential Decree (PD) No. 4 (s. 1972), as amended.
The EO states that the National Irrigation Administration was created by Republic Act No. 3601 (1963), as amended.
The EO states that the Philippine Coconut Authority was created by PD No. 232 (s. 1973), as amended.
The EO states that the Fertilizer and Pesticide Authority was created by PD No. 1144 (s. 1977).
The EO states there is a need to enhance and coordinate the efforts of the NFA, NIA, PCA, and FPA, all previously attached to the DA, in fulfilling their respective mandates.
It provides that all issuances, orders, rules and regulations, or parts thereof, which are inconsistent with the Order are repealed, amended, or modified accordingly.
The EO states it “shall take effect immediately.”
It frames the reorganization: these agencies were administratively attached to the Department of Agriculture for governance and coordination under their mandates, and EO 165 changes their administrative attachment by transferring them to the Office of the President.
It invokes the continuing authority of the President under EO No. 292 to reorganize the OP’s administrative structure and to transfer agencies to the OP from other departments and agencies.
In general legal-administrative terms, it refers to changing the agency’s attachment or supervision from the Department of Agriculture to the Office of the President, thereby affecting administrative control and coordination, consistent with the President’s reorganization power.
The recitals (WHEREAS clauses) outline the original creation purposes: NFA for integrated food industry growth and supply at reasonable prices; NIA for expanding irrigated farmlands and stabilizing farm commodity supply; PCA for accelerated development of coconut/palm oils industry; and FPA for ensuring adequate fertilizer/pesticide supplies at reasonable prices and protecting the public from pesticide risks.
EO No. 165 does not expressly amend or repeal the creation statutes (PD/RA) of the agencies; instead, it focuses on reorganizing their administrative placement (transfer to OP) and only repeals/amends inconsistent issuances, orders, rules, or regulations.
EO No. 165 was signed by President Benigno S. Aquino III, and the Executive Secretary listed is Paquito N. Ochoa, Jr.