Title
Restructuring the Department of Agriculture
Law
Executive Order No. 338
Decision Date
Jan 10, 2001
Executive Order No. 338 mandates the restructuring of the Department of Agriculture to enhance efficiency, improve support for farmers and fishermen, and promote sustainable growth in the agriculture and fisheries sectors through streamlined operations and expanded functions.

Constitutional and policy mandate

  • Section 1 declares that the Department of Agriculture (DA) is the principal Government agency responsible for the promotion of agricultural and fisheries development and growth.
  • Section 1 requires the DA to provide a policy framework, direct public investments, and—in partnership with local government units (LGUs)—provide support services to make agriculture and agri-based enterprises profitable and spread development benefits to the poor, particularly those in rural areas.
  • The Order anchors DA restructuring on functions called for by Agriculture and Fisheries Modernization Act of 1997 (AFMA, R.A. No. 8435) and the Fisheries Code of 1998 (R.A. No. 8550).
  • The Order references expanded DA functions required by the Safeguard Measures Act of 2000 (R.A. No. 8800), the Countervailing Act of 1998 (R.A. No. 8751), and the Anti-Dumping Act of 1999 (R.A. No. 8752).

DA powers, functions, and regulatory scope

  • Section 2 requires the DA to create a policy environment conducive to sustained growth of incomes in the agriculture and fisheries sector, including advocating supportive policies and repealing or amending policies that impede such growth.
  • Section 2 requires the DA to provide agriculture and fishery infrastructure support to encourage private sector investments, including irrigation facilities, farm-to-market roads, fish ports, and postharvest facilities.
  • Section 2 requires the DA to generate, verify, and disseminate information relevant to productivity growth and development, including conducting R&D programs that strengthen research-extension linkage and promote productivity-enhancing technologies.
  • Section 2 requires the DA to support superior germplasm by producing, testing, and disseminating superior crop varieties and livestock and fish breeds suited to Philippine conditions, focusing on extension, demonstration, and provision of parent stock and fish juveniles.
  • Section 2 requires facilitation of market access and promotion of agro-based enterprises, including support for low-income farmers in processing, marketing, linking with processors and buyers, forging marketing agreements, facilitating access to international markets, and enabling finance, credit guarantee, and insurance facilities.
  • Section 2 requires regulatory control over agriculture-related areas to: protect health and safety of the population; prevent over-exploitation of resources; prevent and/or contain pests; protect producers from subsidized cheap imports; implement international commodity agreements the Philippines has acceded to; and ensure the quality of Philippine agricultural exports.
  • Section 2 requires implementation of empowerment programs to give disadvantaged groups access to development benefits due to inequitable resource distribution or market failures.
  • Section 2 includes a residual mandate: the DA shall perform other functions as may be provided by law.

Organizational structure and top-level officers

  • Section 3 provides that the DA consists of the Office of the Secretary, Department Services and Bureaus, Regional Offices, and attached agencies and corporations.
  • Section 3 enumerates the Office of the Secretary as including the Secretary and his immediate staff, the Office of Inspectorate General, Corporate Affairs Office, Office of the Department Spokesperson, and Office of Regional Executive Directors.
  • Section 3 groups Department Services and Bureaus along functional lines:
    (a) Extension, LGU Support, and Infrastructure;
    (b) Research and Development;
    (c) Fisheries and Regulation;
    (d) Policy, Planning, and Project Development; and
    (e) Finance and Administration.
  • Section 4 establishes that the Secretary shall be assisted by five (5) Undersecretaries, six (6) Assistant Secretaries, the Inspectorate General, and the Department Spokesperson.
  • Section 3 directs that the organizational structure as defined is presented in Annex “aAa.”

Undersecretaries and their delegated functions

  • Section 5 provides that Undersecretaries assist the Secretary in exercising the DA mandate and discharging DA powers and functions.
  • Section 5 assigns five Undersecretaries with defined functional oversight:
    • Extension, LGU Support and Infrastructure: oversees extension and marketing assistance, infrastructure, and LGU support (especially devolved agricultural services); directly supervises the Assistant Secretary for Extension and LGU Support and the National Irrigation Administration (NIA).
    • Research and Development: leads DA R&D programs and coordinates DA R&D with other entities to conform with AFMA priorities; supervises the Bureau of Agricultural Research (BAR), Bureau of Postharvest Research and Extension (BPRE), Bureau of Soils and Water Management (BSWM), Philippine Carabao Center (PCC), Cotton Development Authority (CODA), and Philippine Rice Research Institute (PhilRice).
    • Fisheries and Regulation: oversees fisheries plans, programs, and projects; directly supervises all fishery agencies and bureaus attached to the DA; leads development and enforcement of product standards and food-safety rules consistent with internationally accepted practices; supervises the Assistant Secretary for Regulation and the Bureau of Fisheries and Aquatic Resources (BFAR), National Fishery Research and Development Institute (NFRDI), and Philippine Fisheries Development Authority (PFDA).
    • Policy, Planning, and Project Development: provides policy advice and planning support; supervises collection, monitoring, and publication of agricultural statistics; supervises the Assistant Secretary for Policy, Planning, and Project Development, the Bureau of Agricultural Statistics (BAS), Agricultural Credit and Policy Council (ACPC), and the Trade Remedies Office (TRO).
    • Finance and Administration: oversees staff support services in administration and finance management; responsible for legal and legislative concerns of the DA; serves as liaison with Congress and Executive Branch offices; supervises the Legal and Legislative Affairs Service (LLAS), Financial and Management Service (FMS), and Administrative Service (AS) through the Assistant Secretary for Finance and Administration.
  • Section 6 grants an Undersecretary, within the area of responsibility, functions to: advise the Secretary on orders and issuances; exercise supervision and control over offices/units/officers/employees under responsibility; promulgate rules and regulations consistent with DA policies; coordinate functions with other Undersecretaries’ units; exercise delegated authority to the extent granted by the Secretary; and perform other functions provided by law or assigned by the Secretary.

Assistant Secretaries and specialized units

  • Section 7 provides that six (6) Assistant Secretaries head specific offices: Office of Corporate Affairs; Office of Regional Executive Directors; Extension and LGU Support; Regulation; Policy, Planning, and Project Development; and Finance and Administration.
  • Section 7 defines Assistant Secretary functional duties:
    • Corporate Affairs: oversees DA-attached government corporations SIDCOR and subsidiaries, LIVECOR and subsidiaries; oversees operations of the Countertrade Unit; and oversees Philippine Crop Insurance Corporation (PCIC) and Quedan and Rural Credit Guarantee Corporation (QuedanCor).
    • Regional Executive Directors Office: coordinates and provides technical support to Regional Executive Directors; oversees the Field Operations Service.
    • Extension and LGU Support: assists the Extension Undersecretary, including infrastructure development and extension support to LGUs; oversees the Agricultural Training Institute (ATI) and Agribusiness and Marketing Assistance Service (AMAS); supervises implementation of special projects at LGU level supported by official development assistance.
    • Regulation: assists the Fisheries and Regulation Undersecretary on products standards and food-safety rules; supervises Bureau of Agriculture and Fisheries Product Standards (BAFPS), National Meat Inspection Commission (NMIC), and Fertilizer and Pesticide Authority (FPA).
    • Policy, Planning and Project Development: assists in developing, integrating, monitoring and evaluating plans and programs; supervises Policy Research Service (PRS), Planning Service (PS), and Project Development Service (PDS).
    • Finance and Administration: assists the Finance and Administration Undersecretary and directly oversees LLAS, FMS, and AS.
  • Section 8 creates the Legal and Legislative Affairs Service (LLAS) as a DA legal unit to handle DA legal requirements, including quasi-judicial and regulatory matters of DA bureaus and attached agencies/corporations, and to liaise with Congress and Executive Branch offices for advocacy and legislation; it reports to the Undersecretary for Finance and Administration through the Assistant Secretary for Finance and Administration.
  • Section 9 creates the Corporate Affairs Office to monitor selected DA-attached GOCCs, including SIDCOR/LIVECOR, and oversee PCIC, QuedanCor, and DA’s Countertrade Unit; it reports to the Secretary through the Assistant Secretary for Corporate Affairs.
  • Section 10 creates the Countertrade Unit to explore, negotiate, conclude countertrade agreements to increase exports of Philippine agricultural products; it reviews and monitors implementation and performs other functions assigned by the Secretary; it reports to the Secretary through the Office of the Assistant Secretary for Corporate Affairs.
  • Section 11 creates the Office of the Inspectorate General as a monitoring body for DA programs and projects, whether foreign-assisted or regular, to check progress, performance, and financial flows; it reviews effectiveness of service delivery and performance of RFUs/bureaus/attached units and recommends measures; it reports directly to the Secretary, and the Inspectorate General has the rank of Assistant Secretary.
  • Section 12 creates the Office of the Regional Executive Directors (ORED) to coordinate Regional Executive Directors, supervise the Field Operations Service (FOS), and serve as the principal logistics and support unit for Field Programs and RFUs and extension services to LGUs; it is headed by an Assistant Secretary with direct supervision of the FOS.
  • Section 13 creates the Office of the Department Spokesperson to speak for the Secretary and coordinate DA personnel and units in an aggressive public information campaign for DA policies, programs, and projects; it oversees Agriculture and Fisheries Information Service (AFIS), DA Press Office, and Information Technology Center for Agriculture and Fisheries (ITCAF); the Department Spokesperson has the rank of Assistant Secretary and reports directly to the Secretary.
  • Section 14 establishes AMAS as created pursuant to Administrative Order No. 6 (1998) to facilitate and coordinate DA efforts on agribusiness development and marketing assistance, including collaboration with NGOs, people’s organizations, farmers, and fisherfolk; AMAS Director reports to the Extension Undersecretary.
  • Section 15 creates the Trade Remedies Office (TRO) to implement anti-dumping, countervailing, and safeguard laws; it assists the Secretary in initiating action, reviewing private petitions, serving notices, assessing petitions, and imposing duty; the TRO Director reports to the Secretary through the Policy, Planning and Project Development Undersecretary.
  • Section 16 creates the Policy Research Service (PRS) (pursuant to DA Administrative Order No. 6 (1998)) as the central policy research, formulation, and advocacy body to ensure policy consistency across DA units; formulate legislative agenda; push the DA agenda in key international bodies including World Trade Organization, Food and Agriculture Organization of the United Nations, Association of Southeast Asian Nations, and Asia Pacific Economic Cooperation; and influence/safeguard public policy for long-term agricultural and rural economy growth; the PRS Director reports to the Assistant Secretary for Policy, Planning and Project Development.
  • Section 17 creates the Project Development Service (PDS) (pursuant to DA Administrative Order No. 6 (1998)) to translate agriculture and fishery plans into project proposals by identifying and formulating projects, sourcing and mobilizing resources, and ensuring quality and quantity of pipeline projects; the PDS Director reports to the Assistant Secretary for Policy, Planning and Project Development.
  • Section 18 assigns the Planning Service (PS) to formulate, consolidate, validate, monitor, and evaluate plans and programs and rationally allocate public investments for agricultural modernization under AFMA, coordinating with all DA units and stakeholders to formulate overall frameworks and parameters; PS is supervised by the Assistant Secretary for Policy, Planning and Project Development.
  • Section 19 tasks the Financial and Management Service (FMS) to advise DA top management on budgeting, accounting, and management, and facilitate fund releases to enhance delivery of support services; the FMS Director reports to the Assistant Secretary for Finance and Administration.
  • Section 20 tasks the Administrative Service (AS) to provide personnel, records, information, training, and other general services; the AS Director reports to the Assistant Secretary for Finance and Administration.

Bureaus, their specific mandates

  • Section 21 lists the functionally restructured bureaus and offices that carry out the DA mandate: ATI, BAR, BAS, BAFPS, Bureau of Animal Industry, BFAR, Bureau of Plant Industry, BPRE, BSWM, and NFRDI.
  • Section 22 provides ATI functions to lead extension agenda and budget formulation; prepare integrated plans for publicly-funded training; formulate and issue guidelines for AFE programs; and assist SUCs and LGU extension systems through capability-building and complementary extension activities including technical assistance and training.
  • Section 23 provides BAR functions to consolidate and strengthen the national agricultural and fisheries research system; serve as secretariat for CERDAF; coordinate and strengthen NaRDSAF; manage DA R&D Fund based on CERDAF guidelines; formulate national and regional integrated research and extension agenda programs (NIRDEAPs and RIRDEAPs); manage manpower development; develop and maintain R&D facilities and equipment; implement monitoring and evaluation; maintain an R&D information system linked to National Information Network (NIN); and establish partnerships with national and international R&D institutions.
  • Section 24 provides BAS functions as the primary government agency for all agriculture and related fields statistics, including collecting, compiling, releasing official agricultural statistics; exercising technical supervision over data collection centers; and coordinating agricultural statistics and economic research activities of all DA bureaus/corporations/offices.
  • Section 25 provides BAFPS functions to coordinate and strengthen standards formulation and implementation, and to formulate and enforce standards of quality in processing, preservation, packaging, labeling, importation, exportation, distribution, and advertising of agriculture, fisheries, and aquaculture products; conduct research on standardization and alignment with international standards; and conduct regular inspections of processing plants, storage facilities, abattoirs, and public and private markets to ensure freshness, safety, and quality.
  • Section 26 provides the restructured Bureau of Animal Industry functions including developing livestock and poultry technologies for food security and global competitiveness; planning/implementing R&D for genetics and breeding, nutrition, animal health and disease control, and post-production/value-adding meat; conserving and using genetic resources via biotechnology/genetic engineering; encouraging private sector investment through conducive climate; institutionalizing linkages with RFUs, SUCs, LGUs, NGOs, and other instrumentalities; quality control testing of feeds and veterinary biologicals/drugs; investigating/diagnosing/reporting communicable and emerging exotic diseases; establishing an investigation/surveillance/reporting/appraisal system for animal diseases with uniform data collation; setting quarantine inspection and permitting/commodity clearance for animal and product movement; adopting measures to prevent entry of exotic/communicable diseases consistent with international standards and protocols; formulating policies/rules on registration/licensing and quality assurance for feed and drug operations; and recommending policies/procedures governing flow, handling, and transport of livestock/poultry and products.
  • Section 27 provides BFAR functions in pursuance of the Fisheries Code of 1998, including preparing and implementing a Comprehensive National Fisheries Industry Development Plan; coordinating fishery production by primary producers, LGUs, and fishery organizations/cooperatives; coordinating productivity-enhancing and market development programs in fishing communities; establishing a corps of specialists for monitoring/control/surveillance with the Departments of National Defense, Interior and Local Government, and Foreign Affairs; enforcing conservation and management laws/rules/regulations; issuing licenses for commercial fishing vessels and identification cards for commercial fish workers; monitoring and reviewing joint fishing agreements in international waters; advising and coordinating with LGUs on sanitation/hygienic practices in fish markets and landing areas; implementing inspection systems for import/export of fishery/aquatic products and fish processing establishments consistent with international standards for quality and safety; and developing value-added fishery products for domestic consumption and export.
  • Section 28 provides the Bureau of Plant Industry functions to conduct upstream R&D on tropical fruits, legumes, white potatoes and semi-temperate vegetables; preserve Philippine natural genetic resources for new crop varieties; provide plant pest surveillance and early warning for effective crop management; and ensure availability of basic seeds and quality plant materials of recommended crop varieties/cultivars.
  • Section 29 provides BPRE functions to reduce postharvest losses through development/diffusion/application of location-specific and cost-effective technologies; develop and disseminate safe and cost-effective postharvest pest-and-disease management processes and technologies; and provide institutional and technical support for private sector participation in postharvest technology development and diffusion.
  • Section 30 provides BSWM functions for sustainable use, management, conservation of soil and water resources, and productivity improvement of marginal farms, including coordinating BAR national soil and water R&D programs; providing capacity building and information dissemination with ATI and SUCs; providing technical assistance with RFUs and LGUs for sustainable productivity improvement and monitoring of land use changes in Strategic Agriculture and Fishery Zone (SAFDZ) areas; conducting research and developing technologies/approaches for water resource use and management, organic fertilizers, balanced fertilization, rainwater harvesting, land degradation prevention and management, water resource management in marginal uplands and degraded lowlands, management of saline-induced and acid sulfate for fishery/agricultural development, land and water mapping, and inoculants; developing information materials for soil and water technologies; providing technical assistance to regional and provincial laboratories on laboratory standards and analysis; conducting cloud seeding operations in drought affected areas as required; and establishing and collaborating with a network of partner institutions for soil and water conservation and farm productivity improvement research.
  • Section 31 provides NFRDI functions as the main DA unit for fishery R&D coordination and execution, including establishing a national technologically advanced research facility; providing training and development venues and a repository for fishery research/information; maximizing developmental research efforts consistent with national fisheries conservation and development programs; and establishing/strengthening/expanding linkages with fishery R&D institutions.
  • Section 32 authorizes DA to establish and maintain a Regional Office in each administrative region, headed by a Regional Executive Director assisted by not more than three (3) Regional Technical Directors for LGU Support and Extension, Research and Development, Fisheries, and Planning, Monitoring and Regulation; it provides for an Assistant for Finance and Administration in each Regional Office.

Regional management, authority limits

  • Section 33 provides that the Regional Executive Director (RED) exercises the functions of chief executive and administrative officer of the region, under the immediate executive control, direction, and supervision of the Secretary, and ensures enforcement of laws and regulations within regional field unit jurisdiction.
  • Section 33 requires the RED to oversee coordination and monitoring of all plans and programs of DA bureaus/attached agencies/corporations in the region consistent with AFMA plans and programs.
  • Section 33 requires the RED to preside over a Regional Management Committee as a forum for formulation of plans and project activities, coordination of implementation, operational and outcome monitoring, and recommending to the Secretary the annual regional budgetary requirement.
  • Section 33 authorizes the RED to employ and discharge subordinates below Division Chief levels consistent with Civil Service Law and General Memorandum Orders issued by the Secretary of Agriculture.
  • Section 33 requires the RED to translate national policies into regional programs, coordinate with GOs, NGOs and RAFCs for integrating implementation, propose and defend regional agricultural plans and budget to the Regional Development Council and the Office of the Secretary, establish systems and controls for legal and efficient resource use, generate additional resources outside DA normal resources, establish staff development programs, submit periodic reports to the Office of the Secretary, and perform other delegated functions.
  • Section 33 limits the RED’s authority by stating it has neither supervisory function nor line authority over counterparts from the bureaus, attached agencies, and corporations in the region.
  • Section 34 provides that Regional Technical Directors (RTDs) coordinate and monitor programs and activities across DA agencies within their designated function, assist the RED in reviewing and endorsing annual plans/programs/budgets, and perform other delegated functions.
  • Section 34 limits RTD authority by stating RTDs have neither supervisory nor line authority over counterparts of other DA bureaus and attached agencies/corporations in the region.

Attached agencies, continued operation, and governance

  • Section 35 attaches the following agencies and corporations to the DA: Agricultural Credit Policy Council; Cotton Development Authority; Fertilizer and Pesticide Authority; Fiber Industry Development Authority; Livelihood Corporation and its subsidiaries; Livestock Development Council; National Agricultural and Fishery Council; National Dairy Authority; National Food Authority and its subsidiaries; National Irrigation Administration; National Meat Inspection Commission; National Nutrition Council; National Tobacco Administration; Philippine Carabao Center; Philippine Coconut Authority; Philippine Crop Insurance Corporation; Philippine Fisheries Development Authority; Philippine Rice Research Institute; Quedan and Rural Credit Guarantee Corporation; Strategic Investments and Development Corporation and its subsidiaries; Sugar Regulatory Administration.
  • Section 36 provides that attached agencies and corporations continue to operate and function under their respective charters, laws, or orders creating them, except as otherwise provided.
  • Section 36 establishes that notwithstanding any contrary provision of law, the Secretary shall serve as Chairman of the governing boards of all attached units or agencies.

Personnel protections and DA staffing implementation

  • Section 37 allows redeployment of DA personnel to meet requirements of the revised organizational structure and staffing pattern and civil service rules, and requires that redeployment shall not result in diminution in rank and compensation of attached personnel.
  • Section 38 prohibits laying off or dismissing DA personnel, its offices, bureaus, and attached agencies/corporations as a result of implementing the Executive Order.
  • Section 38 provides separation outcomes:
    • Personnel who voluntarily opt for separation due to implementation are entitled to benefits under existing laws.
    • Personnel not covered by existing laws are entitled to separation benefits equivalent to one basic salary for every year of service or proportionate thereof, plus terminal fee benefits under existing laws.
  • Section 39 requires the Secretary to issue necessary rules, regulations, and issuances to ensure effective implementation, and to implement transfers, hiring, designation, and promotion in accordance with the Agriculture Bureaucracy Restructuring Plan (ABRP).
  • Section 39 requires the Secretary to take necessary steps to integrate and ensure continuity of relevant programs and functions and protect the interests of personnel affected by ABRP implementation.
  • Section 40 exempts the Department from Administrative Order No. 100 (1999) regarding hiring, transfer, and promotion of personnel.

Funding, staffing-pattern approval, and immediacy

  • Section 39 directs the Department of Budget and Management to expedite approval of the ABRP staffing pattern not later than fifteen (15) days from issuance, ensuring availability of funds needed to implement the ABRP.
  • Section 39 sets aside the amount necessary to implement the ABRP for disbursement by the DA, subject to usual accounting and auditing rules.
  • Section 40 provides immediate effectivity on January 10, 2001 with the stipulation that the Executive Order takes effect immediately.

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