Title
Reorganization of Certain Government GOCCs EO 494
Law
Executive Order No. 494
Decision Date
Dec 6, 1991
Corazon C. Aquino's Executive Order No. 494 reorganizes several government-owned or controlled corporations, including the Metals Industry Research and Development Center and the Philippine Coconut Authority, into regular government agencies to enhance efficiency and support the government's privatization program.

Legal Basis and Presidential Authority

  • Section 48 of Republic Act No. 7078 empowers heads of agencies to scale down, phase out, or abolish non-essential activities subject to Office of the President’s directives.
  • The President, under delegated legislative powers, may amend or repeal GOCC charters for privatization or merger purposes.
  • Reorganization actions are in furtherance of maximizing cash recovery and enhancing privatization programs.

Definitions of Key Terms

  • Regularization: Transformation of a GOCC into a regular government agency or a unit within an existing agency, retaining non-corporate powers.
  • Conversion: Dissolution of a GOCC and formation of a private corporation with similar functions but without government funding.
  • Consolidation: Merging of one GOCC into another, integrating their legal personalities, assets, personnel, and liabilities.

Regularization Provisions

  • Metals Industry Research and Development Center, Fiber Industry Development Authority, National Post-Harvest Institute, and Philippine Coconut Authority are regularized as government agencies.
  • Regularized entities’ income, except donations and similar, form part of the General Fund.
  • Their operations will be financed through the General Appropriations Act.

Consolidation and Conversion Provisions

  • Music Promotion Foundation is consolidated with the Cultural Center of the Philippines.
  • National Social Action Council is subjected to conversion into a private, non-stock, non-profit corporation.

Implementation Details and Annexes

  • Annexes provide detailed operational guidelines for each corporation’s reorganization.
  • Notice or consent from creditors is required if reorganization materially prejudices third parties.

Severability and Repeal Clauses

  • If any part is declared invalid or unconstitutional, other provisions remain effective if still functional.
  • Various laws and executive issuances related to the concerned GOCCs are repealed or modified accordingly.

Effective Date

  • The Executive Order takes effect 15 days after publication in a national newspaper or the Official Gazette.

Metals Industry Research and Development Center (MIRDC) Specifics

  • Transformed into a regular agency attached to the Department of Science and Technology.
  • Retains functions excluding corporate ones such as training, quality control, research, and trade accreditation.
  • Governed by a Council with representatives from related government departments and industry.
  • Personnel policies provide for holdover service with priority reappointment and retirement/separation benefits.
  • Assets and liabilities transferred from abolished MIRDC Testing Foundation.

Fiber Industry Development Authority (FIDA) Specifics

  • Regularized as Fiber Development Center under the Department of Agriculture.
  • Objectives focus on productivity, economic improvement of farmers, export trade, processing, and incentives.
  • Administered by an Administrator appointed by the President, with relevant competence.
  • Personnel policies ensure continuity, priority in reappointment, and benefits on separation or retirement.
  • Assets and liabilities transferred accordingly.

National Post-Harvest Institute for Research and Extension Specifics

  • Transformed into Bureau of Post-Harvest Research and Extension under Department of Agriculture.
  • Continued performance of functions except corporate powers.
  • May hire experts from public or private sectors.
  • Personnel policies for holdover and priority appointment with benefits on retirement/separation.
  • Assets and liabilities transferred accordingly.

Philippine Coconut Authority (PCA) Specifics

  • Regularized into Bureau of Coconut Development and Inspection Service under Department of Agriculture.
  • Retains powers and functions except corporate ones.
  • May hire experts under existing laws.
  • Personnel policies provide holdover service, priority appointment, separation and retirement benefits.
  • Assets and liabilities transferred accordingly.

Music Promotion Foundation Specifics

  • Abolished and its powers transferred to the Cultural Center of the Philippines.
  • Assets, personnel, records, and liabilities transferred accordingly.

National Social Action Council Specifics

  • Abolished as a government corporation.
  • Members directed to form a private, non-stock, non-profit corporation within 30 days.
  • Personnel to serve in holdover capacity until registration;
  • Upon registration, incumbents deemed separated or retired with entitlement to benefits and priority for positions in new corporation.
  • Transfer of assets to new corporation as capitalization, liabilities handled per Civil Code.
  • Secretary of Budget and Management to issue implementing rules.

Creditor Rights and Procedural Safeguards

  • Reorganization must respect creditor rights and require notices or consents if affected.

Adoption of Organizational Structures and Evaluation

  • Heads of related departments to submit organizational structures within 120 days.
  • Secretaries of involved departments to formulate objective periodic performance evaluations.

Asset, Liability and Fund Management

  • Appropriations not used post-reorganization revert to General Fund after settling separation benefits.
  • Deficiencies in benefit payments covered by department savings.
  • Remaining assets disposed per Government Auditing Code.
  • Liabilities paid according to Civil Code preference rules.

Rulemaking and Enforcement

  • Secretaries of Science and Technology, Agriculture, and President of Cultural Center tasked with issuing necessary rules and regulations for effective implementation.

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