Title
Abolition of Northern Foods Corporation
Law
Memorandum Order No. 58
Decision Date
Dec 1, 2021
The Philippine Law, Memorandum Order No. 58, directs the abolition of the Northern Foods Corporation (NFC) due to misalignment with national development policies and lack of desired outcomes, with a Technical Working Group formed to settle liabilities, liquidate assets, and implement retirement plans for NFC personnel.

Transfer of NLDC Assets and Liabilities

  • NLDC was abolished pursuant to Memorandum Order No. 85 (s. 2015).
  • All assets and liabilities of NLDC were transferred to the Land Bank of the Philippines (LBP).

Financial Performance of NFC

  • NFC consistently incurred annual net losses except in the years 1989, 1995, and 2010.

Grounds for Abolition Recommended by GCG

  • GCG recommended NFC’s abolition under Section 5(a) of RA No. 10149 (GOCC Governance Act of 2011).
  • Determinations made by GCG include:
    • NFC's original functions are no longer aligned with national development policy.
    • NFC is not cost efficient and fails to generate adequate social, physical, and economic returns relative to resources invested.
    • Activities of NFC are better suited to private-sector undertaking.

Abolition of NFC

  • Executive Secretary ordered the formal abolition of NFC.

Liquidation and Settlement of Liabilities

  • NFC’s assets shall be liquidated to settle all outstanding liabilities.
  • Procedures to follow applicable laws, rules, and regulations.

Creation of a Technical Working Group (TWG)

  • TWG composition includes representatives from:
    • Governance Commission for GOCCs (GCG)
    • Department of Agriculture
    • Land Bank of the Philippines
    • Department of Budget and Management
    • Privatization and Management Office of the Department of Finance

Powers and Functions of the TWG

  • Settle NFC liabilities and liquidate its assets.
  • Assist with winding up NFC’s corporate affairs.
  • Resolve equity investment transfer issues between NLDC and LBP.
  • Implement personnel retirement plan, subject to financial capability.
  • Submit quarterly reports to the Office of the President on asset disposition and abolition progress.
  • Undertake other necessary actions to effectuate the Order.

Separation Pay for Affected Personnel

  • TWG authorized to grant separation pay based on length of government service as follows:
    • Up to 20 years: 1.00 x Monthly Basic Salary (MBS) x years of service
    • Over 20 years up to 30 years: 1.25 x MBS x years of service
    • Over 30 years: 1.50 x MBS x years of service
  • Funding for separation pay to come from NFC’s corporate funds and other sources identified by the Department of Budget and Management.
  • Compliance with budgeting, accounting, and auditing standards required.

Repeal of Inconsistent Orders and Provisions

  • All orders, issuances, rules, or regulations inconsistent with this Order are repealed or modified accordingly.

Separability Clause

  • Declaration of invalidity or unconstitutionality of any provision does not affect other provisions, which remain valid.

Effectivity of the Order

  • The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.

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