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- Various laws and executive issuances related to the concerned GOCCs are repealed or modified accordingly.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.