Constitutional and legal basis
- Executive Order No. 297 is anchored on Article II, Section 1 (a) and Article III of the Freedom Constitution, which mandate reorganization of government.
- Executive Order No. 297 implements the directive under Executive Order No. 5 (1986) to effect necessary and proper changes in organizational and functional structures for efficiency and effectiveness in public service delivery.
- Executive Order No. 297 is justified by Article XVIII, Section 16 of the 1987 Constitution, recognizing that government reorganization continues even after Constitution ratification.
Policy, purpose, and core mandate
- Section 3 declares that the Office of the Press Secretary shall be the primary policy, planning, programming, and coordinating entity for a relevant and effective information and communication management program presenting the activities, policies, and directions of the Presidency and the Government.
- Section 4 mandates that the Office shall formulate and implement an integrated program of information and developmental communication to:
- present the work of the Presidency;
- develop public understanding of activities and policies; and
- enhance public trust and support at the national, regional, barrio, and barangay level.
- Section 5 directs the Office to provide government information using government media services under its control and to consolidate responsibility to avoid overlapping and fix responsibilities in information delivery.
- Section 5 requires development of policy guidelines and mechanisms for speaking on behalf of the government and national leadership, including establishing feedback to support policy creation.
Scope and organizational structure
- The Office of the Press Secretary is reorganized structurally and functionally under Section 2.
- The Office comprises the Office Proper and Bureaus under Section 6.
- The Press Secretary heads the Office’s authority and responsibility with the rank of a Cabinet member, with rights and privileges appurtenant thereto, and is appointed by the President under Section 8.
- The Press Secretary is assisted by two (2) Undersecretaries appointed by the President upon the recommendation of the Secretary, with their functional areas determined by the Press Secretary under Section 11.
Functions and operating duties
- Section 5 requires the Office to:
- provide information to the public utilizing all government media services under its control;
- coordinate absorbed offices to give government its “share of voice” in the free mass media environment;
- administer functions and support services needed for its responsibilities;
- develop, propose, and implement policy guidelines and mechanisms for speaking on behalf of the government and national leadership;
- rationalize a viable and manageable government-owned information structure giving instantaneous access to the people;
- develop and manage a feedback mechanism for public contribution to policies affecting them;
- organize and maintain field offices as necessary domestically and internationally; and
- maintain and operate media facilities for print, broadcast, electronic, and other special media vehicles.
- Section 9 makes the Press Secretary the Presidential Spokesman who must:
- attend to the President’s information needs;
- provide information on the President’s plans, programs, and activities;
- maintain liaison and coordination with government departments and agencies preparing and planning Presidential activities;
- prepare and develop communication programs on the Presidency’s policies and programs;
- coordinate with local and foreign media in disseminating information on Presidential affairs;
- assume full responsibility for the Office’s objectives and operations;
- establish policies and standards for Office operations pursuant to Government and Presidential programs;
- promulgate rules and regulations to implement Office objectives, policies, and functions;
- exercise direct supervision and control over all Office offices and units;
- delegate authority to officers and employees under his direction; and
- perform other functions provided by law or assigned by the President.
- Section 12 requires each Undersecretary to:
- assist the Press Secretary in formulation and implementation of Office objectives and policies;
- oversee operational activities for which he is responsible to the Press Secretary;
- coordinate Office programs and projects and be responsible for economical, efficient, and effective administration;
- serve as deputy to the Press Secretary in matters relating to Office operations; and
- perform other functions provided by law or directed by the Press Secretary.
Reorganized and attached agencies
- Section 13 reorganizes and merges agencies as follows:
- The Bureau of Broadcasts and Radyo Ng Bayan are merged into the Bureau of Broadcast Services.
- The Presidential Press Staff, sub-offices under it (Philippine News Agency and its national offices, and the International Press Center) are merged into the News and Information Bureau.
- The Bureau of National and Foreign Information is reorganized and renamed as the Bureau of Communications Services.
- Section 14 attaches:
- the Presidential Broadcast Staff (RTVM), which is created, to the Office of the Press Secretary;
- People’s Television 4 and its affiliate stations as separate concerns to the Office of the Press Secretary.
- Section 7 lists the Office Proper units as:
- Office of the Press Secretary;
- Offices of the Undersecretaries; and
- Office of the Assistant Secretary for Administration and Finance with Administrative Service and Financial and Management Service, plus the Media Research and Development Staff.
Bureau responsibilities and structures
- Section 15 establishes the Bureau of Broadcast Services to provide broadcast information on Government and Presidency activities, policies, and directions using broadcast media throughout the country.
- Section 15 provides that the Bureau of Broadcast Services shall be headed by a Broadcast Network Manager assisted by an Assistant Broadcast Network Manager, both appointed by the President upon recommendation of the Press Secretary.
- Section 15 creates the Bureau’s divisions: Engineering, Radio News, and Production.
- Section 15 requires the Bureau of Broadcast Services to:
- provide nationwide broadcasting services primarily for Government’s and Presidency’s information and communication requirements;
- provide broadcast services to all regions, focusing on areas not adequately served by private networks;
- provide broadcast programming preserving and promoting national heritage and culture, advanced educational goals, and supporting Presidency and Government thrusts and goals;
- continually improve programming and dissemination capabilities for strengthened and innovative program syndication in support of countryside development;
- provide auxiliary services to private broadcast stations, especially in news and public affairs where such stations require such services; and
- perform other functions provided by law.
- Section 16 provides that the News and Information Bureau develops strategies and provides efficient, effective, productive, and economical services relating to domestic and foreign information program development and formulation for the Government and Presidency.
- Section 16 requires the News and Information Bureau to be headed by a Director assisted by an Assistant Director, both appointed by the President upon recommendation of the Press Secretary.
- Section 16 identifies the News and Information Bureau components as:
- Presidential Press Staff;
- Media Accreditation and Relations Division; and
- Philippine News Agency.
- Section 16 requires the News and Information Bureau to:
- formulate, develop, and implement a national information program with strategies supporting specific national development programs;
- formulate, develop, and implement an overseas information program with effective dissemination strategies about the Philippines and Government/Presidency policies, activities, and programs;
- establish liaison with domestic and foreign press representatives and provide assistance deemed necessary for Government and Presidency projects, policies, and activities;
- establish and maintain a system of accreditation for local and foreign media members;
- arrange Presidential press and broadcast coverages and conferences;
- provide services for day-to-day and special government/Presidency information and communication requirements, including programming and monitoring significant projects and activities on media relations and other media-related matters;
- provide daily news services to local and foreign publics on Government/Presidency policies, activities, and programs and maintain a wire service operation to cover relevant events and developments; and
- produce and distribute information materials (handbills, folders, pamphlets, posters, and other publications) on directions, policies, programs, and activities of the Government and Presidency; and
- perform other functions provided by law.
- Section 17 establishes the Bureau of Communications Services to develop communication services and provide services relating to policy formulation, communication planning, project development, research and evaluation, and coordination of information planning within national development plan thrusts and priorities.
- Section 17 provides the Bureau consists of Planning Division, Special Operations Division, and Special Production Division.
- Section 17 requires the Bureau of Communications Services to:
- develop and conduct a public information program enhancing awareness and securing positive public acceptance and support for Government and Presidency programs and activities;
- coordinate information dissemination programs and projects including campaigns directed at target publics;
- supervise conceptualization and production of special publications and audio-visual information/communication materials for Government and Presidency;
- supervise conceptualization, production, printing, and dissemination of all information/communication materials and publications supporting Government and Presidency activities; and
- perform other functions provided by law.
Funding limits and prohibited allocations
- Section 22 provides that funds needed to carry out the Executive Order shall be taken from funds available in the Office.
- Section 22 prohibits allocating any funds for People’s Television 4 and its affiliate stations.
Transitory measures and personnel disposition
- Section 18 authorizes the Bureau of Broadcast Services and the Philippine News Agency to sell their services at rates not less than those offered by comparable private firms.
- Section 18 requires that income realized from such service sales be deposited with the National Treasury and accrue to the General Fund.
- Section 18 requires that such income be used to upgrade and update facilities, equipment, and services and augment maintenance and other operating expenses for network operations, upon submission of a special budget for that purpose.
- Section 18 requires that the special budget be subject to approval by the Department of Budget and Management.
- Section 18 provides that, in cases of merger or consolidation, the new or surviving unit shall exercise functions (subject to reorganizational prescriptions and relevant laws/rules/regulations) and acquire appropriations, funds, records, equipment, facilities, choses in action, rights, assets, liabilities (if any), and personnel as necessary of the merged or absorbed units.
- Section 18 mandates that personnel shall continue in a hold-over capacity and receive corresponding salaries and benefits.
- Section 18 provides that personnel whose position is not included in the new position structure and staffing pattern approved and prescribed by the Secretary under Section 19, or who are not reappointed, are deemed separated and become entitled to the benefits in the second paragraph of Section 19.
- Section 19 requires that upon approval of the Executive Order, officers and employees continue in a hold-over capacity, perform their duties and responsibilities, and receive corresponding salaries and benefits unless separated from service.
- Section 19 requires the Secretary to approve and prescribe the new position structure and staffing pattern within one hundred twenty (120) days from approval of the Executive Order.
- Section 19 requires authorized positions created to be filled with regular appointments by the Secretary or the President, as the case may be.
- Section 19 provides that incumbents whose positions are not included or who are not reappointed are deemed separated from service.
- Section 19 provides that separated personnel receive retirement benefits under existing laws, rules, and regulations.
- Section 19 provides that otherwise, separated personnel are paid an amount equivalent to one month basic salary for every year of service in the government, or fraction thereof, computed on the basis of the highest salary received, with a cap that such payment shall not exceed the equivalent of twelve (12) months salary.
Governance, implementation, and controls
- Section 20 requires the Office to formulate and enforce a system for measuring and evaluating periodically and objectively the Office’s performance and submit it annually to the President.
- Section 21 provides that no change in the reorganization prescribed shall be valid unless the President gives prior approval for promoting efficiency and effectiveness in public service delivery.
- Section 23 requires the Secretary to issue rules, regulations, and other issuances necessary for effective implementation of the Executive Order.
Rules on constitutionality, repeal, and severability
- Section 24 provides that any portion or provision declared unconstitutional shall not nullify other portions if remaining portions can still subsist and be given effect in their entirety.
- Section 25 repeals or modifies inconsistent laws, ordinances, rules, regulations, other issuances, or parts thereof.
Reorganization continuity and effectiveness
- Section 18 ensures continuity by requiring that new or surviving units exercise functions and acquire necessary assets and liabilities, including personnel, subject to the reorganizational changes and applicable laws.
- Section 26 establishes immediate effectivity of the Executive Order upon approval.