Legal basis and governance rationale
- The abolition order is anchored on Section 5(a)(ii) of Republic Act No. 10149, the GOCC Governance Act of 2011.
- The Governance Commission for GOCCs (GCG) recommends abolition under Section 5(a)(ii) based on findings that QUEDANCOR is dormant or nonoperational (Section 5(a)(ii)).
- The recommendations also rely on duplication or overlap with other government guarantee programs (Section 5(a)(ii)).
- The recommendations further cite lack of desired outcomes and cost efficiency considerations under Section 5(a)(ii).
Institutional creation and predecessor authorities
- QUEDANCOR is a government-owned and controlled corporation (GOCC) created under Letter of Instruction (LOI) No. 704 (s. 1978).
- LOI No. 704 (s. 1978) is described as amended by Republic Act No. 7393, the “Quedan and Rural Credit Guarantee Corporation Act.”
Declared purpose for abolition
- The order establishes that QUEDANCOR is prohibited from continuing its guarantee function under its charter due to exceeding the allowable outstanding guarantee obligation.
- The order characterizes other entities as operating more successful agricultural guarantee programs and activities, including: the Philippine Export-Import Agency, the Small Business Corporation, and the Agricultural Guarantee Fund Pool placed in trust with Land Bank of the Philippines.
- The order finds that QUEDANCOR has been operating at a loss for the last five (5) years.
- The order directs abolition to address dormancy/non-operation, overlap/duplication, and insufficient cost efficiency and outcomes.
Abolition of QUEDANCOR
- Section 1 abolishes QUEDANCOR.
- The abolition is implemented as a direct directive that ends QUEDANCOR’s corporate existence for purposes of its guarantee mandate.
- The order provides for post-abolition asset liquidation and liability settlement to close outstanding obligations (Section 2).
Liquidation of assets and liabilities settlement
- The order requires that QUEDANCOR’s assets shall be liquidated to settle the outstanding liabilities of the corporation (Section 2).
- Asset liquidation and liabilities settlement must be done in accordance with applicable laws, rules, and regulations (Section 2).
Separation benefits for affected personnel
- Affected officials and personnel of QUEDANCOR, whether regular or contractual, may avail of the separation benefits stated in Section 3.
- The separation benefits under Section 3 are available in addition to retirement or separation benefits allowed under existing laws (Section 3).
- Separation benefits are computed using the Basic Monthly Pay (BMP) multiplied by years-of-service-based multipliers (Section 3):
- First 20 years: 1.00 x BMP x No. of years
- 20 years and 1 day to 30 years: 1.25 x BMP x No. of years
- 30 years and 1 day and above: 1.50 x BMP x No. of years
- The funding for separation pay and other benefits of affected personnel must be sourced from QUEDANCOR’s corporate funds (Section 3).
- The Department of Budget and Management must ensure there are sufficient funds to cover compensation for affected officials and personnel (Section 3).
Technical Working Group for implementation
- The order directs GCG to be assisted by a Technical Working Group to implement its provisions (Section 4).
- The Technical Working Group is composed of:
- Department of Agriculture
- Department of Finance
- Department of Budget and Management
- Land Bank of the Philippines (Section 4).
Repeal, separability, and operational validity
- Section 5 repeals or modifies all other orders, issuances, or parts that are inconsistent with the order’s provisions.
- Section 6 provides separability: if any provision is declared invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting.