Reorganizing the Presidential Commission on Visiting Forces

Executive Order No. 97 is issued under the President’s control over executive departments, bureaus, and offices under Section 17, Article VII of the 1987 Constitution.
Executive Order No. 97 is issued under the President’s continuing authority to reorganize the administrative structure of the Office of the President under Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (s. 1987), the Administrative Code of 1987.
Executive Order No. 97 anchors functional integration on the mandate of the Department of Foreign Affairs (DFA) as the channel for matters involving foreign relations and as the entity carrying out legal documentation functions under law and regulations.

Executive Order No. 199 (s. 2000) created the Presidential Commission on the Visiting Forces Agreement (PCVFA) under the Office of the President to monitor compliance with the Visiting Forces Agreement (VFA).
Executive Order No. 67 (s. 2002) reduced the composition of the PCVFA and included its Executive Director as a member.
Executive Order No. 9 (s. 2010) designated the Executive Secretary as Chairman of the PCVFA.
Executive Order No. 175 (s. 2014) renamed the PCVFA to the Presidential Commission on Visiting Forces (PCVF), which this Executive Order further reorganizes.

Section 1 renames the PCVFA to the Presidential Commission on Visiting Forces, referred to as the “Commission”.
The Commission is attached to the DFA while under the oversight of the Office of the President.
The Commission serves as the lead inter-agency mechanism to provide policy coordination and advice, guidance, and assessment to ensure that all SOFAs serve the national interest.
Section 1 defines SOFA to refer to the VFA, the SOVFA, and future status of forces agreements which may be included in the Commission’s mandate by order or directive of the President.

Section 2 provides that the Commission is composed of the following members:
- Secretary of Foreign Affairs — Chairman.
- Secretary of National Defense — Vice-Chairman.
- Secretary of Justice — Member.
- Secretary of Social Welfare and Development — Member.
- Secretary of the Interior and Local Government — Member.
- National Security Adviser — Member.
- VFACOM Executive Director — Member.
- Representative from the Office of the President — Member.
- One (1) representative from the Private Sector — appointed by the President.

Section 4 requires the President to appoint or designate an Executive Director upon the recommendation of the Department of Foreign Affairs and the Department of National Defense.
If the Executive Director is designated, the designated person must be a senior government official with a rank of at least an Assistant Secretary.
The Executive Director must report directly to the Chairman of the Commission.
The Executive Director has direct operational and supervisory authority over:
- all personnel of the Commission, and
- all personnel from the concerned agencies who may be detailed to the Commission from time to time to provide technical and administrative support.
The present Executive Director of the Commission continues to serve until a successor is appointed or designated.

Section 3 deletes Section 4 of EO No. 175, and renumbers Sections 5, 6, 7, 8, 9, and 10 of EO No. 175 as Sections 4, 5, 6, 7, 8, and 9, respectively.
Section 5 keeps all other provisions of EO No. 175 unchanged except for the amendments made by this Executive Order.
Section 5 repeals, amends, or modifies all other issuances, orders, rules and regulations, or parts thereof inconsistent with Executive Order No. 97.

Section 6 provides that if any provision of Executive Order No. 97 or any part thereof is declared invalid or unconstitutional, the provisions not affected remain in force and effect.