Reorganization of Executive Departments EO 392

Constitutional/statutory basis and reorganized powers

The President acts under the powers vested by Republic Act No. 422.
The reorganization affects the structure of executive functions by amending the Revised Administrative Code (including its provisions on departmental organization, the list of executive departments, and departmental executive authority by Secretaries).
The order implements reorganizations that include abolitions, consolidations, transfers of personnel/functions/equipment/records, and fund reallocations.
The order provides for personnel and budget consequences of abolition of positions (Section 45, Section 48, and general repealing/modifying provisions Section 49).

Policy and organization principles

Executive functions of the Government are placed directly under the Executive Department, subject to the President’s supervision and control in matters of general policy (Section 74 of the Revised Administrative Code, as amended).
Departments exist for the proper distribution of executive work, the performance of functions expressly assigned by law, and to ensure each branch has a chief responsible for direction and policy (Section 74).
Each Department Secretary must assume the burden of and is responsible for all activities of the Government under the Secretary’s control and supervision (Section 74).
For administrative purposes, the President is treated as the Department Head for multiple executive offices and branches not assigned by law to any Department (Section 74).
The President’s Action Committee on Social Amelioration and the Social Welfare Commission are merged to constitute the Social Welfare Administration (Section 74).

Executive departments and Secretaries’ authority

The Government has ten executive departments: Foreign Affairs, Finance, Justice, Agriculture and Natural Resources, Public Works and Communications, Education, Labor, National Defense, Health, and Commerce and Industry (Section 75).
Each executive department is under the direct control of its respective Secretary and functions under the President’s general supervision and control (Section 75).
Each Secretary performs departmental functions under that Secretary’s executive authority for the respective department (Section 76).
Department-specific bureau/office supervision is reassigned by amendment provisions for each department (Sections 8, 10, 14, 18, 19, 23, 29, 37, 39, 42 and related transfer/abolition provisions).

President as Department Head; office merges

The President is considered the Department Head of the Executive Office for administrative purposes (Section 74).
The President is also considered the Department Head for specified offices and branches not assigned by law to any Department, including the Local Governments, Budget Commission, Bureau of Civil Service, Civil Service Board of Appeals, National Economic Council, National Security Council, Philippines Heraldry Committee, National Intelligence Coordinating Agency, Import Control Administration, Philippine Information Council, National Planning Commission, Social Welfare Administration, Philippine Charity Sweepstakes Office, Civilian Emergency Administration, and the Board of Review for Moving Pictures, among others not assigned by law (Section 74).
The Social Welfare Administration is constituted by merging the President’s Action Committee on Social Amelioration and the Social Welfare Commission (Section 74).

Compensation scale and grade-based minimum/maximum

The minimum and maximum compensation rates for government officers or employees with different civil service eligibilities are set effective July 1, 1951 (Section 4 and Section 47).
The rates are:
- First grade eligibles: minimum P1,920; maximum No limit (Section 4(a)).
- Second grade eligibles: minimum P1,440; maximum P2,760 (Section 4(b)).
- Third grade eligibles: minimum P1,140; maximum P1,800 (Section 4(c)).
- Senior stenographers: minimum P1,920; maximum No limit (Section 4(d)).
- Junior stenographers: minimum P1,440; maximum P2,760 (Section 4(e)).
- Senior typists: minimum P1,560; maximum P2,940 (Section 4(f)).
- Junior typists: minimum P1,320; maximum P2,400 (Section 4(g)).

Games and Amusements Board and related consolidations

The Radio Broadcasting Board is abolished and its personnel, powers, duties, functions, activities, equipment, materials, properties, records, and unexpended fund balances or appropriations are transferred to the Philippine Information Council created under Executive Order No. 348 dated September 29, 1950, as amended (Section 5).
The President creates an office under executive supervision of the Executive Secretary named the Games and Amusements Board, composed of three members appointed by the President with the consent of the Commission on Appointments (Section 7).
The powers, duties, functions, and activities of the Racing Commission, Boxing and Wrestling Commission, and Jai-Alai are consolidated and transferred to the Games and Amusements Board, which assumes and exercises them (Section 7).
The Board assigns internal administration by member:
- One member administers and supervises all horse racing activities.
- One member administers and supervises all boxing and wrestling activities.
- One member administers and supervises the Jai-Alai activities (Section 7).

Executive Office bureau supervision; amendments

The Executive Secretary has immediate supervision and control over the Bureau of Printing, the Fire Prevention Board, and the Games and Amusements Board (Section 6 amending Section 28 of Executive Order No. 94 dated October 4, 1947).

Department of Foreign Affairs structure and transfers

The Department of Foreign Affairs exercises executive supervision over the Board of Foreign Affairs Service Personnel, Examination and Review, Office of Political and Economic Affairs, Office of Administration, Controls and Foreign Service Affairs, and Office of International Social and Cultural Affairs, and over Embassies, Legations, Consulates, and other units of the Foreign Service (Section 8).
The National Commission on Educational, Scientific and Cultural Matters is abolished, and its powers, duties, and functions, and its records, property, equipment, and personnel (except the Chairman, the members, and the executive secretary) are transferred to the Department of Foreign Affairs (Section 9).

Department of Finance restructuring and customs leadership

The Department of Finance exercises executive supervision over the Bureau of Customs, Bureau of Internal Revenue, Bureau of the Treasury, Office of the Insurance Commissioner, Bureau of Supply, and the Tobacco Board (Section 10 amending Section 81).
The Department of Finance has general supervision over the financial affairs and financial agencies of provincial, municipal, and city governments, and (except as otherwise specially provided) over funds whose investment may be authorized by law (Section 10).
The Collector of Customs for the Port of Manila is converted into the Deputy Commissioner of Customs with the rank and duties of an assistant chief of a bureau or office (Section 11).
The Deputy Commissioner of Customs is appointed by the President with the consent of the Commission on Appointments and receives compensation of seven thousand two hundred pesos per annum (Section 11).
The Deputy Commissioner performs the duties and functions of the Commissioner of Customs during the Commissioner’s absence or disability (Section 11).
The Deputy Commissioner is ex officio Collector of Customs for the Port of Manila (Section 11).
For administrative purposes, the Port of Manila is placed under the immediate supervision of the Collector of Customs for the Port of Manila (Section 11).
The Procurement Office is changed to and henceforth known as the Bureau of Supply (Section 12).
The Philippine Purchasing Agency in New York is abolished, and the Secretary of Finance is authorized (subject to the approval of the President) to dispose of its furniture, supplies, equipment, property, books, and records, including the unexpended balance of the Philippine Purchasing Agency Revolving Fund established by Executive Order No. 81 series of 1945 (Section 13).

Department of Justice abolition and office transfers

The Department of Justice exercises executive supervision over: Office of the Solicitor General, Courts of First Instance and Inferior Courts, Public Service Commission, Bureau of Prisons, General Land Registration Office, Court of Industrial Relations, National Bureau of Investigation, Bureau of Immigration, Board of Pardons and Parole, Deportation Board, Code Commission, and Office of the Government Corporate Counsel (Section 14 amending Section 83).
The Department of Justice has general supervision and control over provincial sheriffs and all government law officers, and over provincial and city fiscals or attorneys and other prosecuting officers (Section 14).
The Legal Aid Office created under Republic Act No. 80 and the Office of People’s Counsel created under Section 38 of Commonwealth Act No. 146 as amended are abolished (Section 15).
The Office of Special Attorneys created under Republic Act No. 311 is abolished, and its powers, functions, and duties are assumed by the provincial and city fiscals (Section 16).
The Tenancy Law Enforcement Division created under Commonwealth Act No. 413 is abolished, and its personnel, powers, duties, functions, records, property, and equipment are transferred to the Court of Industrial Relations (Section 17).

Department of Agriculture and Natural Resources

The Department of Agriculture and Natural Resources exercises executive supervision over the Bureau of Plant Industry, Bureau of Animal Industry, Bureau of Forestry, Bureau of Lands, Bureau of Mines, Bureau of Fisheries, Fiber Inspection Service, colonies and plantations of public lands, and matters concerning hunting, fisheries, sponges, and other sea-products, including the issuance of licenses therefor (Section 18 amending Section 84).

Department of Public Works and Communications; radio transfer

The Department of Public Works and Communications exercises executive supervision over the Bureau of Public Works, Bureau of Posts, Bureau of Telecommunications, Motor Vehicles Office, Irrigation Council, Flood Control Commission, National Transportation Board, Radio Control Board, and Government Quarters Committee (Section 19 amending Section 85).
The Radio Control Board under the Department of Commerce and Industry, together with its personnel, powers, duties, functions, activities, records, equipment, properties, and unexpended balances of funds or appropriations, is transferred to the Department of Public Works and Communications (Section 20).
The Radio Control Division under the Department of Commerce and Industry, together with its personnel, powers, duties, functions, activities, records, equipment, and properties, is transferred to the Radio Control Board (Section 21).
The Radio Control Board is reorganized to be composed of:
- the Undersecretary of Public Works and Communications as Chairman,
- the Director of Information, Collector of Internal Revenue, Director of Public Schools, and Director of Posts as members (Section 22).
The President may appoint additional members if the needs of the service require (Section 22).
The Chief of the Radio Control Division of the Bureau of Telecommunications is the Secretary of the Radio Control Board (Section 22).

Department of Education and school system changes

The Department of Education has exclusive supervision over the Bureau of Public Schools, Bureau of Private Schools, Bureau of Public Libraries and Museum, Board on Textbooks, Institute of National Language, and the Philippines Historical Committee (Section 23 amending Section 82).
The National Museum under the Executive Office is abolished, and all its powers, duties, and functions, records, properties, equipment, and personnel (except the Director) are transferred to the Bureau of Public Libraries, which is thereafter known as the Bureau of Public Libraries and Museum (Section 24).
The Committee on School Health for Medical and Dental Services, previously functioning under the Office of the President, is transferred to the executive supervision of the Department of Health, together with its personnel, powers, duties, functions, activities, equipment, materials, and records (Section 25).
The Secretary of Health is the Chairman of the Committee on School Health for Medical and Dental Services (Section 25).
The medical and dental services administered by the committee are transferred from the Bureau of Public Schools to the Bureau of Health (Section 25).
A Division of Home Economics is created in the Bureau of Public Schools (Section 25).
The Central Luzon Agricultural School in Muñoz, Nueva Ecija is changed to the Central Luzon Agricultural College, which offers:
- one-year farm mechanics course and its special courses in addition to its present four-year secondary agricultural course,
- a two-year course, a four-year course, and a post-graduate course leading to Associate in Agricultural Education and Bachelor of Science in Agricultural Education, and Master of Science in Agricultural Education, respectively (Section 26).
The Philippine Nautical School at present under the Philippine Naval Patrol is transferred, with its personnel, powers, duties, functions, activities, properties, equipment, materials, and records, to the control and supervision of the Bureau of Public Schools (Section 27).
Copyright administration functions vested in the Patent Office pursuant to Republic Act No. 167 are transferred to the Bureau of Public Libraries and Museum, including records, equipment, and personnel concerned with that administration (Section 28).

Department of Labor; Placement Bureau functions

The Department of Labor has executive supervision over the Bureau of Labor, Labor-Management Advisory Board, Placement Bureau, and all bureaus, divisions, and offices hereafter created concerning labor alone and labor in its relation with capital, and it enforces laws relative to labor and capital in the Philippines and abroad, including matters related to the welfare of Filipino laborers in this country and abroad (Section 29 amending Section 4 of Act No. 4127 as amended).
The Secretary of Labor is the Chairman of the Labor-Management Advisory Board (Section 29).
A Placement Bureau is created under the executive supervision of the Department of Labor, with a chief known as the Director of Placement whose compensation is seven thousand two hundred pesos per annum (Section 30).
The Placement Bureau assists applicants for employment in the civil service of the Government to place them in positions they are duly qualified for, taking into consideration civil service rules and regulations (Section 31).
The Placement Bureau gathers and compiles statistical data relative to vacancies occurring in executive departments, bureaus, offices, agencies, and other government instrumentalities, including government-owned or controlled corporations (Section 31).
The Director of Placement, in consultation with the Commissioner of Civil Service, prepares a list of eligibles qualified for appointment to civil service vacancies, arranged according to priority of choice (Section 32).
Only eligibles whose names are submitted by the Director of Placement are considered for appointment in the office where the vacancy exists (Section 32).
No appointment is approved by the Bureau of Civil Service (Section 32).
The Placement Bureau also assists in employment of private persons in private establishments and maintains functions including:
- keeping a register of bona fide applicants for private employment and providing free placement service for labor of all types (Section 33(a)),
- collecting and analyzing employment situation information in cooperation with the Director of the Bureau of Census and Statistics (Section 33(b)),
- encouraging and assisting private organizations in social and economic planning to insure a favorable employment situation (Section 33(c)),
- cooperating in administration of employment insurance or assistance schemes and other measures for relief of the unemployed (Section 33(d)),
- administering Act No. 2486, which fixes a tax on every person or entity engaged in recruiting or contracting laborers in the Philippines and amends subsection (a) of Section 53 of Act No. 2039 (Section 33(e)).
The Secretary of Labor, with approval of the President, promulgates necessary rules and regulations to carry into effect the aims and purposes of the Placement Bureau (Section 34).
The Labor Placement Division of the Bureau of Labor is abolished and its personnel, activities, functions, records, properties, and equipment are transferred to the Placement Bureau (Section 35).

Safety and labor regulation reversion/revival

Republic Act No. 367, which created the Bureau of Industrial Safety, is repealed (Section 36).
Commonwealth Act No. 104, as amended by Commonwealth Act No. 696, is revived, and its application is limited to industrial enterprises (Section 36).
An Industrial Safety Engineering Division is established under the Bureau of Labor to carry out the provisions of Commonwealth Acts revived by the order (Section 36).
Powers, duties, and functions conferred upon the Secretary of Labor under the revived Commonwealth Acts regarding safety standards and safety of laborers and employees in mines, quarries, or metallurgical operations are transferred to, and thereafter assumed and exercised by, the Director of Mines (Section 36).

Department of National Defense and veterans board

The Department of National Defense is charged with supervising the national defense program and exercises executive supervision over the Armed Forces of the Philippines, Philippine Veterans Board, Bureau of Coast and Geodetic Survey, and the Munitions Board (Section 37).
The Department of National Defense functions under the executive control of the Secretary of National Defense, who may be assisted by an Undersecretary (Section 37).
The Board on Pensions for Veterans is abolished, and its powers, duties, functions, properties, equipment, and personnel (except the Chairman and members) are transferred to the Philippine Veterans Board created under Republic Act No. 65, as amended, under executive supervision of the Department of National Defense (Section 38).
The Philippine Veterans Board is composed of a Chairman and six members, with two members being veterans of past Philippine revolutions or wars (Section 38).

Department of Health reassignments and divisions

The Department of Health is charged with protecting the health of the people, maintaining sanitary conditions, and enforcing laws and regulations on health, sanitation, foods, drugs and narcotics, slum housing, garbage and other waste disposal (Section 39).
For these purposes, the Department of Health exercises executive supervision over:
- the Bureau of Health,
- Bureau of Quarantine,
- Bureau of Hospitals,
- National Advisory Health Council,
- Alabang Vaccine and Serum Laboratories,
- Institute of Nutrition,
- Committee on School Health for Medical and Dental Services,
- health departments of chartered cities,
- and national, provincial, city, and municipal hospitals, dispensaries and clinics, except the Philippine General Hospital,
- public markets and slaughterhouses,
- hotels, restaurants and other food establishments,
- and health resorts and similar establishments (Section 39).
The Institute of Nutrition under the Executive Office is transferred to the Department of Health with its personnel, records, equipment, properties, powers, duties, functions, and activities (Section 40).
The Division of Biological Research and the Division of Food Technology of the Institute of Science are transferred to the Institute of Nutrition (Section 40).
The remaining divisions or units of the Institute of Science are organized into the Institute of Applied Science and Technology, placed under executive supervision of the Administrator of Economic Coordination (Section 40).
The Board of Regents of the Institute of Science is renamed as the Advisory Board for the Institute of Applied Science and Technology (Section 40).
A Division of Tuberculosis is created under the Department of Health, composed of the National Chest Center and the Section of Tuberculosis Control currently under the Office of the Secretary of Health (Section 41).

Department of Commerce and Industry; census transfer

The Department of Commerce and Industry exercises executive supervision over: the Bureau of Commerce, Cooperative Administration Office, Securities and Exchange Commission, Weather Bureau, Patent Office, Civil Aeronautics Administration, Civil Aeronautics Board, Manila Trading Center and Exchange, Sugar Quota Administration, Fair Trade Board, and the Bureau of the Census and Statistics (Section 42 amending Section 134 of Executive Order No. 94).
The Sugar Quota Office is renamed the Sugar Quota Administration (Section 43).
The Bureau of the Census and Statistics under the Executive Office is transferred to the Department of Commerce and Industry, together with its personnel, records, equipment, properties, powers, duties, functions, and activities (Section 44).

Personnel separation: gratuity and preference rules

Officials and employees separated from service because their positions are abolished under the order are entitled to gratuity equivalent to one month salary for every year of continuous satisfactory service rendered, but not exceeding twelve months, based on the last salary received, payable from savings from appropriations under specified Republic Acts (Section 45).
Officials and employees with less than one year but at least six months of service receive gratuity equivalent to one-half month salary (Section 45).
Reinstatement requires refund: if an official or employee is reinstated in government service or in any government-owned or controlled corporation, the person must refund to the bureau, office, branch, or entity that paid the gratuity the portion that would not yet have been paid if paid in monthly installments (Section 45).
Payment schedule applies based on the amount of gratuity:
- gratuity not more than three months is paid in full immediately upon separation,
- gratuity more than three months but not exceeding six months is paid upon separation with an additional one-half month salary for every month in addition to the full gratuity corresponding to the first three months,
- gratuity more than six months is paid in full for the next following three months (Section 45).
For balances due where gratuity exceeds three months, payment occurs upon certification by the Fund Release Control Committee created under Administrative Order No. 129 dated August 8, 1950, of the availability of necessary cash, but not later than December 31, 1951 (Section 45).
For vacancies occurring in any Department, bureau, or office after January 1, 1951 (including vacancies in government-owned or controlled corporations), preference is given to persons separated due to abolition of their positions under the order unless otherwise authorized by the President (Section 46).

Reallocation of authorized appropriations

The order reallocates from total authorized appropriations of P344,163,197 to specified heads of expenditure, as follows (Section 48):
- P750,000.00 for the expenses of the Import Control Board and the Import Control Administration under Republic Act No. 426 (Section 48(1)).
- P20,000,000.00 as additional appropriation for the Armed Forces of the Philippines for the campaign for the maintenance of peace and order under Republic Act No. 461 (Section 48(2)).
- P45,000.00 for maintenance and operation of the Port of Cagayan, Province of Oriental Misamis under Republic Act No. 475 (Section 48(3)).
- P12,535.00 as additional appropriation for maintenance and operation of the Bunawan National Junior Agricultural School under Republic Act No. 485 (Section 48(4)).
- P261,049,574.00 under General Appropriations under Republic Act No. 563 (Section 48(5)).
- P45,121,648.00 as additional funds for the operation and maintenance of the Government of the Republic of the Philippines under Republic Act No. 575 (Section 48(6)).
- P17,184,440.00 as additional funds for the Armed Forces of the Philippines under Republic Act No. 576 (Section 48(7)).

Repeals, separability, and effective date

Inconsistent Acts, Executive Orders, Administrative Orders, or Proclamations (or parts thereof) are repealed or modified accordingly (Section 49).
If any provision of the order is held invalid, the other provisions remain effective (Section 50).
The order takes effect January 1, 1951, except where otherwise stated (Section 51).