Law Summary

Introduction

This document serves as an executive order by President Ferdinand E. Marcos, outlining the transfer of specific social development functions from the Southern Philippines Development Administration (SPDA) to various government agencies, following the directives set forth in Letter of Instructions No. 896.

Transfer of Functions

• Legal Principle/Provision: The SPDA's social development and non-corporate project functions are to be transferred to designated government agencies.
• Key Definitions:
  • Southern Philippines Development Administration (SPDA): The agency responsible for regional development in Southern Philippines.
  • Autonomous Regions: Areas with a degree of self-governance, particularly focusing on Muslim cultural communities.
• Requirements/Procedures:
  • Specific functions assigned to distinct agencies, ensuring an organized transition.
• Agencies Involved:
  • Ministry of Social Services and Development
  • Ministry of Human Settlements
  • Office of the Commissioner for Islamic Affairs
  • National Cottage Industries Development Authority (NACIDA)
  • Lupong Tagapagpaganap ng Pook
  • Ministry of Education and Culture
• Important Details:
  • Functions related to rehabilitation, education, industry projects, and cultural affairs are specified for each agency.

Nature of Transfer

• Legal Principle/Provision: The transfer of functions is on a non-exclusive basis.
• Key Requirements:
  • Other agencies may also perform similar tasks unless explicitly stated otherwise.
• Important Details:
  • Certain functions, such as approving land transactions, have specific stipulations regarding jurisdiction.

Transfer of Records and Personnel

• Legal Principle/Provision: The transfer includes not just functions but also records, properties, equipment, and personnel.
• Requirements/Procedures:
  • Agencies are to receive all applicable resources related to the functions being transferred.
  • Civil service employees of the SPDA are prioritized for vacant positions in the receiving agencies.
• Important Details:
  • This includes records and funds related to the Muslim Assistance Program (MAP) and Special Program of Assistance for the Rehabilitation of Evacuees (SPARE).

Financial Provisions

• Legal Principle/Provision: The SPDA is responsible for providing financial support for certain employee benefits not absorbed by the receiving agencies.
• Key Requirements:
  • Payment for retirement gratuities, separation pay, and accrued earned leaves for employees not retained.
• Important Details:
  • Funding for these benefits will come from savings generated from the MAP and SPARE operations.

Budget Reprogramming

• Legal Principle/Provision: The involved agencies may adjust their budgets to align with the implementation of this order.
• Key Requirements/Procedures:
  • Consultation with the Ministry of the Budget is necessary for reprogramming.
• Important Details:
  • This ensures that financial resources are effectively allocated to the newly assigned responsibilities.

Coordination for Transition

• Legal Principle/Provision: The SPDA is tasked with coordinating the transfer process.
• Requirements/Procedures:
  • A smooth and orderly transition is mandated to be completed by the end of December 1979.
• Important Details:
  • This includes the transfer of functions, funds, records, property, and personnel.

Effectivity

• Legal Principle/Provision: The Letter of Implementation takes immediate effect upon signing.
• Important Details:
  • It is dated December 31, 1979, indicating urgency.

Key Takeaways

• The Letter of Implementation No. 114 formalizes the transfer of various social development functions from the SPDA to several designated government agencies.
• The transfer is designed to streamline operations and ensure that social services are effectively managed by the appropriate entities.
• It emphasizes a collaborative approach to governance, with specified timelines and procedural requirements for an orderly transition.
• Financial provisions are made to support employees affected by the transfer, ensuring compliance with civil service regulations.