Reorganization of Presidential Management Staff

Legal basis and presidential policy

The Executive Order is issued under presidential authority mandated by Article II, Section 1 (a) and Article III of the Freedom Constitution.
Government reorganization is directed by Executive Order No. 5 (1986) to effect necessary and proper changes in organizational and functional structures to promote efficiency and effectiveness in public service delivery.
The Executive Order declares a policy to strengthen the Office of the President structurally and functionally in development management functions (Section 3).
The Executive Order avows a policy to prevent dissipation of public resources by streamlining government operations.

Creation by abolition and transfer

The Office of Development Management is abolished and all its pertinent functions, together with applicable records, equipment, and personnel, are transferred to the Presidential Management Staff under the Executive Order (Section 2).
The Presidential Management Staff (PMS) becomes the primary government agency directly responsible to the Office of the President for providing staff assistance in overseeing, coordinating, and managing the development process (Section 4).
All agencies formerly attached to the Office of Development Management are now attached to the Presidential Management Staff (Section 12).
The PMS is authorized to undertake management studies and prepare recommendations for proper dispositive actions on attached agencies and corporations for submission to the President, and Presidential approval is required for dispositive actions (Section 12).

Policy purpose and development management role

The government policy is to strengthen the Office of the President for development management, focusing on analysis, coordination, and monitoring of critical national projects and programs (Section 3).
The Office of the President through a high level support staff must pioneer, initiate, catalyze, and/or demonstrate programs and projects that line ministries and agencies will ultimately carry out and sustain as regular national programs and projects (Section 3).
The PMS provides staff assistance in the Presidential exercise of overall management of the development process (Section 4).
The PMS must translate Presidential perspectives/insights, policies, and plans on development issues into strategic action programs/projects (Section 5(a)-(r), specifically Section 5(i)).

Mandate and enumerated powers/functions

The PMS provides technical assistance and advice directly to the President in exercising overall management of the development process (Section 5(a)).
The PMS must analyze and monitor national programs and projects (Section 5(b)).
The PMS formulates and implements development management information systems and programs, including upgrading and strengthening the Office of the President in computer and communications technology for effective information management and decision management support (Section 5(c)).
The PMS conducts continuing analysis and evaluation of economics, social, and political trends (Section 5(d)).
The PMS conducts studies on methods for the effective and efficient execution of development programs and projects (Section 5(e)).
The PMS conducts, reviews, analyzes, and evaluates proposed and existing policies affecting development (Section 5(f)).
The PMS provides a centralized feedback mechanism on implementation of national government projects (Section 5(g)).
The PMS identifies bottlenecks in project implementation or problem areas and possible sources of delays, and formulates solutions or corrective measures (Section 5(h)).
The PMS assists in the Presidential coordination function regarding implementation of the Government’s various development programs (Section 5(j)).
The PMS implements initial action on critical areas, including the National Reconciliation and Development Program, for piloting development initiatives that can subsequently be turned over and directly managed by line ministries (Section 5(k)).
The PMS provides a direct feedback mechanism to and from the people and the Office of the President (Section 5(l)).
The PMS exercises direct control and supervision over organizations, offices, agencies, programs, and projects aligned/assigned/transferred to the Office under Administrative Orders Nos. 9 and 10 (January 5, 1987) or under existing or subsequent presidential issuances (Section 5(m)).
The PMS organizes and supervises task forces necessary to respond to Presidential instructions (Section 5(n)).
The PMS formulates, implements, and supervises government policies, plans, and programs pertaining to technical support and development management requirements of the President, in accordance with Presidential directives and administrative orders (Section 5(o)).
The PMS exercises management supervision and control over all bureaus, agencies, corporations, centers, councils, committees placed under the control of the former Office of Development Management and other agencies placed under its supervision and control by the Office of the President (Section 5(p)).
The PMS establishes policies and implements programs for efficient management and operations of its Office and undertakes research and other management measures of efficiency and economy for achievement of its development management objectives (Section 5(q)).
The PMS performs other functions and powers as may be provided by law (Section 5(r)).

Organizational structure and key offices

The PMS consists of the Presidential Management Staff proper, composed of the Office of the Deputy Executive Secretary and his immediate staff, the Office of the two (2) Assistant Secretaries, and two (2) operations groups: the Presidential Policy and Management Group and the Development Monitoring and Management Group (Section 6).
The Office of the Deputy Executive Secretary consists of the Deputy Executive Secretary and his immediate staff, and the Deputy Executive Secretary is appointed by the President (Section 7).
The Deputy Executive Secretary is assisted by two (2) Assistant Secretaries, who are appointed by the President upon the recommendation of the Deputy Executive Secretary (Section 8).
The Deputy Executive Secretary is authorized to delineate and assign the respective functional areas of responsibilities of the two Assistant Secretaries (Section 8).
The Office of the Deputy Executive Secretary is assisted by five (5) staff support services: Administrative Service, Financial Service, Legal Service, External Relations Service, Communication and Information Service (Section 9).
The Presidential Policy and Management Office is composed of the existing organization of the PMS and is internally reorganized structurally and functionally by the head of office of the PMS in accordance with the Executive Order (Section 10).
The Development Monitoring and Management Group is created from the existing organization and original offices of the Office of Development Management and internally reorganized by the head of office of the PMS under the Executive Order, and all regional offices and area coordinators of the existing ODM are under this Office (Section 11).

Councils, implementation authority, and supervision

The head of the PMS sits as a member of the following councils for overseeing government development plans and programs: National Reconciliation and Development Council and Housing and Urban Development Coordinating Council (Section 13).
The Deputy Executive Secretary issues orders, rules and regulations, and other issuances necessary to ensure effective implementation of the Executive Order (Section 20).
The PMS also has control and supervision responsibilities over aligned/assigned/transferred organizations and over agencies placed under its supervision and control by the Office of the President (Section 5(m) and Section 5(p)).

Funding authorization

The Executive Order authorizes transitional funding to the PMS in the amount of TWO HUNDRED AND THIRTY-TWO MILLION PESOS (P 232,000,000.00) to carry out the provisions of the Executive Order.
The amount is to be taken from the Compensation and Organizational Adjustment Fund (COAF) of the General Appropriations Act (1987) (Section 19).
In addition to existing appropriations of the PMS, the transitional funding is authorized (Section 19).

Transitory provisions, staffing, and separation rules

Transfer of a government unit includes the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities (if any), plus the personnel, who continue in a hold-over capacity to perform duties and receive corresponding salaries and benefits unless separated under Executive Order No. 17 (1986) or Article III of the Freedom Constitution (Section 14(a)).
Personnel from the transferred unit whose positions are not included in the Office’s new position structure and staffing pattern approved and prescribed by the Deputy Executive Secretary or who are not reappointed are deemed separated and receive benefits under Section 15 (Section 14(a)).
If a transfer of functions abolishes the government unit, its appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and personnel needed for proper discharge of transferred functions are transferred; the abolished unit’s remaining appropriations and funds revert to the General Fund, and remaining assets are allocated/disposed per the Government Auditing Code and other pertinent laws, rules, and regulations (Section 14(b)).
If a transfer of functions does not abolish the government unit, the transfer includes appropriations, funds, records, equipment, facilities, choses in action, rights, assets, and personnel needed for proper discharge of transferred functions, and any incurred expenses are treated under the Government Auditing Code and other pertinent laws, rules, and regulations (Section 14(c)).
In cases covered by the Executive Order—including abolition without transfer of functions, merger or consolidation, and termination of a function that does not abolish the performing government unit—appropriations and funds revert to the General Fund where stated, records and other assets are allocated or disposed by the responsible authority under the Government Auditing Code and other pertinent laws, rules, and regulations, liabilities are treated under the Government Auditing Code and other pertinent laws, rules, and regulations, and personnel not included in the Office’s new structure or not reappointed are deemed separated and receive benefits under Section 15 (Section 14(d)-(f)).
Upon approval of the Executive Order, officers and employees of the Office continue in a hold-over capacity to perform duties and receive salaries and benefits unless separated under Executive Order No. 17 (1986) or Article III of the Freedom Constitution (Section 15).
The Deputy Executive Secretary approves and prescribes the new position structure and staffing pattern within one hundred and twenty (120) days from approval of the Executive Order; authorized positions created are filled with regular appointments by him or by the President as the case may be (Section 15).
Incumbents whose positions are not included in the staffing pattern or who are not reappointed are deemed separated from the service and receive retirement benefits under existing laws, rules, and regulations (Section 15).
Separated incumbents are paid the equivalent of one (1) month basic salary for every year of service in the government, or a fraction thereof, computed based on the highest salary received, but with a cap of twelve (12) months salary (Section 15).
No court or administrative body issues any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under the Executive Order (Section 15).

Performance evaluation and reorganization controls

The Office formulates and enforces a system for measuring and evaluating periodically and objectively the Office’s performance.
The Office submits the performance evaluation system annually to the President (Section 16).
Any reorganizational change authorized that is of such substance or materiality as to prejudice third persons with rights recognized to them or that requires creditor consent under an agreement must comply with the notice or consent requirement prior to implementation (Section 17).
No change in the reorganization prescribed is valid unless the President approves it for promoting efficiency and effectiveness in public service delivery (Section 18).

Issuance effect, separability, and repeals

Any portion or provision declared unconstitutional does not nullify the remaining portions or provisions if the remaining provisions can still subsist and be given effect in their entirety (Section 21).
All laws, ordinances, rules, regulations, and other issuances or parts thereof inconsistent with the Executive Order are repealed or modified accordingly (Section 22).