Law Summary

Introduction

Executive Order No. 70 amends Executive Order No. 43, which established the Preparatory Commission on Constitutional Reforms. The amendments aim to enhance the Commission's efficiency and effectiveness in performing its designated functions.

Section 1: Composition of the Commission

• Legal Principle/Provision: The composition of the Preparatory Commission is revised.
• Key Definitions Introduced:
  • "Chairman" refers to the head of the Commission appointed by the President.
  • "Members" refers to individuals knowledgeable in state principles and governance.
• Requirements/Procedures:
  • The Commission will consist of a Chairman and up to 25 members.
  • Members are appointed by the President and must possess national standing and understanding of government.

Section 2: Role of the Chairman

• Legal Principle/Provision: The duties and powers of the Chairman are specified.
• Key Definitions Introduced:
  • "Chairman" encompasses roles related to presiding, managing, and appointing.
• Requirements/Procedures:
  • The Chairman presides over meetings, manages the Commission's functions, and sets the organizational structure.
  • The Chairman appoints officers (excluding the Executive Director) and has disciplinary authority over them.
  • The salary of the Executive Director and Secretariat personnel is determined by the Chairman.

Section 3: Internal Rules and Consultations

• Legal Principle/Provision: The Commission is authorized to establish its internal rules.
• Requirements/Procedures:
  • The Commission must formulate and adopt its own rules of procedure.
  • It is required to conduct consultations with affected or interested sectors, where feasible.

Section 4: Secretariat Creation

• Legal Principle/Provision: Establishment of a Secretariat to support the Commission.
• Key Definitions Introduced:
  • "Secretariat" refers to the administrative body assisting the Commission.
• Requirements/Procedures:
  • The Secretariat will be led by an Executive Director appointed by the President.
  • It is responsible for legal, technical, and administrative support services.

Section 5: Appropriations

• Legal Principle/Provision: Financial provisions for the Commission's operations.
• Important Requirements/Procedures:
  • An initial appropriation of Three Million Pesos (P3,000,000.00) is allocated from the Office of the President's funds.
  • Subsequent funds will be released based on expenditure requirements and subject to accounting and auditing rules.

Section 6: Time Frame

• Legal Principle/Provision: Timeline for the Commission's operations.
• Timeframes/Deadlines:
  • The Commission is to commence work on January 1, 1999, and complete it by December 31, 1999.
  • A report and recommendations must be submitted to the President within fifteen (15) working days after the completion date.

Section 7: Repealing Clause

• Legal Principle/Provision: Consistency with prior laws.
• Requirements/Procedures:
  • All provisions of Executive Order No. 43 that conflict with this Executive Order are repealed or modified accordingly.

Section 8: Effectivity

• Legal Principle/Provision: Immediate enactment of the Executive Order.
• Requirements/Procedures:
  • The Executive Order takes effect immediately upon signing.

Key Takeaways

• Executive Order No. 70 amends the structure and functions of the Preparatory Commission on Constitutional Reforms to promote efficiency and effectiveness.
• The Commission will consist of up to 25 members appointed by the President, with clearly defined roles for the Chairman and Secretariat.
• The Commission has a defined operational budget and a strict timeline for its activities, aiming for completion within the year 1999.
• The Order emphasizes consultation with stakeholders and establishes internal procedural rules for operation.