Law Summary
Introduction
Executive Order No. 281, issued on August 22, 2000, extends the timeframe for winding up the operations of the National Stud Farm (NSF) until September 30, 2000, in accordance with the Special Provisions outlined in the General Appropriations Act (GAA) for Fiscal Year 2000.
Background and Authority
- Legal Basis: The NSF's winding up is mandated by the GAA for FY 2000, which specifies that appropriated funds should be utilized for winding down activities, including the separation and retirement benefits of affected personnel.
- Republic Act No. 6656: This act emphasizes the importance of protecting civil service employees' tenure during reorganizations, aligning with constitutional provisions on civil service integrity.
Creation of Special Task Force
- Provision: A Special Task Force is established, chaired by the Executive Secretary.
- Members: The Secretary of Budget and Management, Secretary of Agriculture, and the Director of the NSF will serve as members.
- Purpose: This Task Force will provide policy guidelines and oversee the final disposition of NSF personnel, functions, assets, and liabilities.
Personnel Transfer and Re-employment
- Priority Hiring: NSF personnel are prioritized for vacant positions in other government agencies, provided they meet established qualification standards.
- Exemption from Hiring Prohibition: Transfers and re-employments of NSF personnel are exempt from restrictions under Administrative Order No. 100 (December 1, 1999).
Separation and Retirement of Personnel
- Retirement Option: Qualified NSF personnel may opt for retirement as they see fit.
- Benefits Payment: All benefits due to NSF employees, including accrued leave credits, will be disbursed within one month after filing necessary documents.
Transfer of Assets and Liabilities
- Asset Transfer: All NSF assets and liabilities are to be transferred at no cost to the Department of Agriculture, pending final disposition.
Extension of Implementation Period
- New Deadline: The Task Force has until September 30, 2000, to complete the deactivation of the NSF in coordination with relevant agencies.
Support from Other Agencies
- Assistance: The Task Force may solicit help from the Civil Service Commission, Commission on Audit, and other agencies as needed for the effective execution of this Order.
Funding Requirements
- Funding Sources: Funds for filling vacant positions may be sourced from agency savings or, upon request, augmented by the Department of Budget and Management (DBM).
- Priority Payments: The DBM is instructed to prioritize payments for accrued leave credits and retirement benefits from the Miscellaneous Personnel Benefits Fund.
Final Report Submission
- Report Requirement: The Special Task Force must submit a comprehensive final report on the NSF's deactivation to the President by September 30, 2000.
Legal Provisions
- Separability Clause: If any provision of this Order is declared unconstitutional, the remaining provisions shall remain effective.
- Repealing Clause: Previous executive orders and regulations inconsistent with this Order are revoked or modified.
- Effectivity: The Executive Order takes effect immediately upon issuance.
Key Takeaways
- The Executive Order extends the wind-up of NSF operations until September 30, 2000, establishing a framework for personnel transition and asset management.
- A Special Task Force is created to oversee the process, ensuring compliance with established legal standards.
- NSF personnel are prioritized for re-employment in other government agencies, and benefits must be settled promptly.
- The Order emphasizes inter-agency collaboration and outlines funding mechanisms for personnel transition.