QuestionsQuestions (EXECUTIVE ORDER NO. 44)
EO No. 44 cites Section 11, Article XIII of the Constitution (State obligation to make essential goods and other social services available at affordable costs) and Section 17, Article VII (President’s power of control over executive departments to ensure faithful execution of laws). It also references Article II, paragraph 2 on the right to be free from hunger.
EO No. 44 invokes Paragraph 2, Article II of the International Covenant on Economic, Social and Cultural Rights (right to be free from hunger). The program is framed as an implementation of measures to improve food distribution and end hunger consistent with SDG 2.
The Department of Social Welfare and Development (DSWD) is designated as the lead implementing agency. Under the EO, it is responsible for implementation and management of social welfare and development programs and must identify eligible beneficiaries and coordinate with stakeholders for efficient distribution and use of food stamps.
It means that both national government agencies (NGAs) and local government units (LGUs) must participate. EO No. 44 directs relevant NGAs to provide full support and enjoins participating LGUs to cooperate with DSWD for effective implementation.
EO No. 44 requires relevant NGAs to submit regular reports to the DSWD. Participating LGUs are enjoined to submit reports to the DSWD through the Department of the Interior and Local Government (DILG) regarding the status of implementation.
Within thirty (30) working days from the effectivity of EO No. 44.
EO No. 44 authorizes the DSWD to determine staffing patterns and qualification standards for additional positions and to submit proposed changes in organizational structure and staffing pattern to the Department of Budget and Management (DBM) for review and approval, subject to applicable laws, rules, and regulations.
Funding requirements are charged against the current and available appropriations of the DSWD and its partner agencies, subject to budgeting, accounting, and auditing laws, rules, and regulations.
It requires that thereafter, funding requirements necessary for continued implementation be included in the budget proposals of the concerned agencies, subject to the usual budget preparation process.
EO No. 44 takes effect upon publication in the Official Gazette or in a newspaper of general circulation. Publication is important because it ensures compliance with the rule that laws and executive issuances generally become effective upon proper publication.
It provides that if any part or provision of EO No. 44 is held invalid or unconstitutional, the remaining provisions not affected shall remain in full force and effect.
It repeals or modifies all orders, rules and regulations, and other issuances or parts thereof that are inconsistent with EO No. 44. Practically, it resolves conflicts between EO No. 44 and inconsistent prior issuances.
The program provides monetary-based assistance in the form of Electronic Benefit Transfer (EBT) cards, which beneficiaries can use to purchase select food commodities from eligible partner merchant stores.
It requires the DSWD to undertake necessary steps, including identifying eligible beneficiaries and collaborating with relevant stakeholders to ensure efficient and timely distribution and use of food stamps.
EO No. 44 cites Executive Order No. 292 (Administrative Code of 1987) which mandates the DSWD to formulate, develop, and implement plans, programs, and projects on social welfare and development aimed at assisting the most vulnerable.