Authority and legal basis
- Section 10 of the General Provisions of R.A. No. 8174 establishes that the disposal of unserviceable, obsolete and/or excess equipment, supplies and materials is the responsibility of the respective owning department/agency.
- Executive Order No. 309 reconstitutes disposal committees that were created earlier under E.O. No. 285.
- R.A. No. 8174 serves as the operative statutory basis for the reconstitution mandated by Section 1.
- The reconstitution is justified by the need to expedite disposal to avoid further deterioration, especially equipment exposed to the elements.
Purpose statement for reconstitution
- Executive Order No. 309 is issued to expedite the disposal of unserviceable government equipment and property.
- The order addresses urgency created by committee membership changes following COA’s withdrawal from pre-audit-related participation.
- Executive Order No. 309 is designed to keep disposal committees functional within each government department, bureau, office, or agency.
Reconstitution of disposal committees
- Section 1 reconstitutes disposal committees in each Department, bureau, office or agency.
- Section 1 provides that the disposal committees created under E.O. No. 888 as amended by E.O. No. 285 dated July 25, 1987 are reconstituted.
- Chairman is the senior official:
- For a department: a senior official with a rank not lower than the level of an Assistant Secretary; and
- For a bureau/agency: a senior official with a rank not lower than the level of an Assistant Director; and
- For a GOCC: the department manager.
- Member is the head of administrative unit:
- For a department: the head of the department’s administrative service;
- For a bureau/agency: the head of the agency’s administrative division; and
- For a GOCC: the head of the GOCC’s equivalent organizational unit.
- Member is the head of the property unit.
Membership structure and roles
- The reconstituted disposal committee has a Chairman and two Members as specified in Section 1.
- The Chairman is required to be a senior official within the owning institution at the level stated for departments, bureaus/agencies, and GOCCs.
- The Members are required to be drawn from the institution’s administrative leadership and the institution’s property unit leadership.
- Section 1 places committee leadership and membership within the owning department/agency, consistent with R.A. No. 8174 responsibility for disposal.
Repeal and effectivity
- Section 2 repeals or modifies all executive orders, rules, regulations, other issuances, or parts thereof that are inconsistent with Executive Order No. 309.
- Section 3 makes the order effective immediately.
- The order is dated March 08, 1996 and signed by Fidel V. Ramos.