Legal basis and cited authorities
- Executive Order No. 112 is issued to align the DND’s organization and operations with the Revised Administrative Code of 1987 (Executive Order No. 292) under Section 1 and the recitals.
- The DND’s mandate is traced to Section 15, Chapter I, Title VIII, Book IV of EO 292 as invoked in the recitals.
- Section 20, Chapter 7, Title I, Book III of EO 292 is cited to support the President’s authority to exercise powers vested by law, as invoked in the recitals.
- The President’s authority to direct changes in organization and key positions is grounded on Section 77 of the General Provisions of Republic Act No. 8745 (FY 1999 General Appropriations Act), as invoked in the recitals.
- Section I.XLVIII of RA 8745 (1999 GAA) is cited for the Organizational Fund (OAF) for the Department of National Defense under the Office of the Secretary, as invoked in the recitals.
Mandate and roles of DND
- Section 1 mandates the DND to maximize its effectiveness for guarding against external and internal threats to national peace and security, promote the welfare of soldiers and veterans, and provide support for social and economic development.
- Section 2 provides that the DND must serve as the lead line agency and authority in formulating national defense-security policies, plans, and programs.
- Section 2 requires the DND to act as the monitor and evaluator of the implementation of defense and security policies, plans, and programs.
- Section 2 makes the DND the administrator of National Disaster Coordinating Council (NDCC) special funds intended to assist Local Government Units (LGUs), communities, families and citizens affected by calamities and/or disasters.
- Section 2 designates the DND as an innovator of new defense and security strategies pursuant to the national defense plan.
- Section 2 requires the DND to act as an enabler for NGAs, LGUs, GOCCs, NGOs, POs, and other members of civil society in implementing civil defense and socio-economic development programs requiring defense and military assistance.
- Section 2 directs the DND to advocate for social and economic development concerns, including resource and environmental protection and preservation up to the Exclusive Economic Zone (EEZ), emergency preparedness and mitigation, soldiers and veterans’ welfare, and similar concerns.
- Section 2 directs the DND to implement the country’s international defense and security commitments based on defense and security treaties, cooperation agreements, international covenants, protocols, and similar arrangements.
Functional focus and operational directions
- Section 3 requires the DND to formulate, develop and promote policies, plans, programs, and projects in defense and, in coordination with the NSC, in the field of security.
- Section 3 requires the DND to direct, plan and supervise the national defense program.
- Section 3 requires the DND to conduct researches and studies and adopt policies to ensure effective implementation of the national defense plan and related programs and projects.
- Section 3 requires the DND to exercise supervision and control over the Armed Forces of the Philippines, Government Arsenal, Office of Civil Defense, Philippine Veterans Affairs Office, and the National Defense College of the Philippines.
- Section 3 requires the DND to supervise the setting of standards, accreditation and furnishing of technical assistance to institutions, organizations, corporations and persons engaged in emergency management or related development activities requiring defense and military assistance.
- Section 3 requires the DND to advocate for and disseminate information on defense-security issues.
- Section 3 requires the DND to provide augmentation funding and resources to partners in civil defense activities.
- Section 3 requires coordination with the Department of Foreign Affairs (DFA) to implement, promote, and maintain bilateral and multilateral linkages for defense and military cooperation initiated, negotiated, or concluded by the DFA.
- Section 3 authorizes the DND to perform other functions as may be provided by law.
Rationalization and organizational adjustment plan
- Section 4 requires the DND to prepare a Rationalization and Organizational Adjustment Plan (ROAP) to effect efficiency and effectiveness in its activities.
- Section 4 provides that the ROAP is the basis of the DND Secretary’s operational and organizational adjustments.
- Section 4 requires the ROAP to provide a framework for:
- clustering bureaus and offices to ensure accountability;
- establishing a reporting system with clear lines of authority among DND offices and the Office of the Secretary of National Defense;
- realigning offices by responsibilities using functional categories: operations; policy and strategic planning; and administration and finance; and
- rationalizing the staffing pattern, including a rationalization and/or integration plan for occupants of casual positions.
- Section 4 requires the ROAP to be submitted to the Department of Budget and Management (DBM) for approval prior to implementation by the DND Secretary.
- Section 4 authorizes the DBM to create key positions and/or upgrade existing positions if found necessary.
Redeployment and staffing consequences
- Section 5 directs that personnel redeployment shall be done as necessary in accordance with ROAP requirements and existing civil service laws and rules.
- Section 5 prohibits redeployment from resulting in diminution in rank and compensation of affected personnel.
Funding limits for implementation
- Section 6 requires that financial resources for ROAP implementation be taken from funds available in the DND.
- Section 6 imposes a limit that the total cost of the approved staffing pattern shall not exceed authorized appropriations for Personal Services, and the outlay for Personal Services under the existing Organizational Adjustment Fund (OAF) of RA 8745 (FY 1999 General Appropriations Act).
Rescission, separability, and effectivity
- Section 7 rescinds or modifies accordingly all other Executive Orders and issuances inconsistent with Executive Order No. 112.
- Section 8 provides separability: if any provision is held invalid, the remaining provisions stay valid and binding.
- Section 9 provides immediate effectivity upon adoption.