Law Summary

Introduction

Executive Order No. 85, issued on March 13, 1999, by President Joseph Ejercito Estrada, grants the National Defense College of the Philippines (NDCP) specific authorities to enhance its educational and operational capacity concerning national security administration.

Authority to Establish Learning Institutions

• Legal Provision: The NDCP is authorized to create, establish, maintain, merge, and abolish institutes and centers of learning dedicated to national security administration.
• Key Definitions:
  • Institutes and Centers: Educational entities focused on national security.
• Requirements/Procedures:
  • Must be done under the approval of the Secretary of National Defense.
  • Must align with the NDCP's mission and general objectives.
• Funding: Utilization of both appropriated funds and donations for operational purposes.

Acceptance of Grants and Donations

• Legal Provision: The NDCP is empowered to receive grants, endowments, legacies, and donations in cash or property.
• Key Definitions:
  • Grants and Endowments: Financial contributions to support the NDCP.
  • Legacies and Devises: Bequests and property donations.
• Requirements/Procedures:
  • Funds must be deposited in a separate account.
  • Must adhere to accounting and auditing regulations.
• Timeframes: This authority extends beyond Fiscal Year 1999.

Appointment Terms for Officials

• Legal Provision: The President, Executive Vice-Presidents, and Vice-Presidents of the NDCP are appointed for a term of six (6) years.
• Key Definitions:
  • Reappointment: Officials may be reappointed after their term ends.
• Requirements/Procedures:
  • Appointments must comply with the omnibus law on the charters of state colleges and universities to ensure continuity in leadership and programs.

Repeal of Conflicting Orders

• Legal Provision: Any executive or administrative orders conflicting with this Executive Order are repealed or modified.
• Constitutionality Clause: If any provision is declared unconstitutional, the remaining provisions shall remain effective.

Implementation Regulations

• Legal Provision: The Secretary of National Defense is tasked with promulgating rules and regulations for the implementation of this Executive Order.

Effective Date

• This Executive Order is effective immediately upon issuance.

Key Takeaways

• The NDCP has enhanced authority to establish and manage educational institutions focused on national security.
• The NDCP can accept diverse forms of financial support, promoting sustainability in its operations.
• Leadership appointments are structured to ensure continuity, with specific tenure established for key officials.
• Conflicting previous orders are annulled, ensuring clarity and legal compliance.
• The Secretary of National Defense will outline the implementation procedures to operationalize the provisions of the Executive Order.