Purpose and policy on staff work
- Section 2 establishes complete staff work (CSW) as the standard enabling the Office of the President (OP) to assess proposals and indicate approval or disapproval.
- The Circular mandates strengthening CSW so that requests are not submitted near promulgation dates without the necessary staff work (preamble).
- Section 2 frames CSW as a coordinated best course of action recommended by the proponent.
Definition and core CSW standards
- Section 2 defines CSW as the recommendation of a single and coordinated best course of action by a proponent, in form and substance that allows OP adequate assessment.
- Proposals must be evidence-based: the proponent must use the best available evidence for policy recommendations, program design, and implementation (Section 2(a)).
- Proposals must be inclusive: positions of all concerned government agencies and instrumentalities and other stakeholders must be considered and reported, with the proponent responsible for obtaining concurrence or comments of concerned entities, including expert or affected-sector inputs when applicable (Section 2(b)).
- Proposals must be holistic: the problem must be viewed using a whole-of-government approach, with a macro-level perspective that accounts for legal, political, social, economic, technological, security, cultural, and environmental standpoints (Section 2(c)).
- For inclusive proposals, the OP may obtain supplementary comments during evaluation (Section 2(b)).
Required cover memorandum format
- Section 3 requires proposals or requests embodied in a memorandum not exceeding three (3) pages for OP action.
- Section 3 requires the cover memorandum to contain concise presentation of the following items, with attachments providing further detail as necessary:
- Title: brief statement of the action requested or issue to be resolved (Section 3(a)).
- Antecedent: brief background/history, including previous related requests, issuances, or actions of all concerned government entities (Section 3(b)).
- Recommendation: brief description of the recommended course of action embodied in the proposed issuance or request for approval, including enumeration of salient features or significant components when applicable (Section 3(c)).
- Rationale: economic, administrative, technical, or other justification; discussion of relevant provisions of law and jurisprudence and executive issuances as legal bases (Section 3(d)).
- The Rationale in Section 3(d) must include:
- (i) an enumeration of alternative options weighed according to relevant criteria;
- (ii) a detailed breakdown of costs and benefits of each alternative option and the proposed action, including strengths and weaknesses; and
- (iii) identification of short-term and long-term benefits, outputs and outcomes if approved, and potential risks, problems, and complications, if any.
- Section 3(e) requires an Agency Coordination enumeration of agencies involved or affected by implementation and the status of their positions: those that agreed, those that disagreed, and those that failed to respond pursuant to Section 4.
- Section 3(e) requires attachment of copies of comments/recommendations signed or endorsed by Department Secretaries or heads of concerned agencies and requires the proponent to include a statement that necessary coordination or consultations were made with other relevant government entities.
- Section 3(f) requires a Funding Requirement: a certification by the concerned entity’s chief accountant or head of accounting unit that funds are available, or discussion on how funds will be raised; it also requires, whenever possible, the Department of Budget and Management’s comment on the proposed funding source.
- Section 3 requires attachment of:
- (i) Draft Action Document: printed draft of the action document/proposed issuance plus an editable electronic copy;
- (ii) Implementation Plan: if applicable, a comprehensive plan with how and when implementation will occur, milestones and deliverables by responsible agencies based on mandates, budgetary requirements for every component, and mechanisms for monitoring, review, and evaluation;
- (iii) Other Relevant Documents: documents, data, cost-benefit analysis, and other information relevant to the subject matter, properly annexed and referenced in the cover memorandum.
Comment periods and interposed no objection
- Section 4 requires government agencies and instrumentalities whose comments are requested (by the proponent or the OP) to respond within fifteen (15) working days from receipt of the request.
- Under Section 4, if an agency fails to respond within the prescribed period and proof of receipt exists, the agency is considered to have interposed no objection to the proposal or position of the proponent.
Evaluation rule and OP action limits
- Section 5 provides that failure to comply with CSW requirements and standards is sufficient basis for the OP not to act on the request or to return it to the proponent.
Effectivity, issuance details, and final clauses
- The Circular was issued on November 15, 2019 and takes effect immediately under Section 8.
- The Circular is signed by the Executive Secretary, SALVADOR C. MEDIALDEA, pursuant to authority of the President (“By Authority of the President”).
- The Circular is formally dated 15th day of November, Two Thousand Nineteen (as indicated in the issuance portion).
- Section 6 repeals MC Nos. 152 (s. 1996), 18 (s. 2001), and 68, as amended by 147 (s. 2007).
- Section 6 also repeals or modifies any other circulars, rules and regulations, or parts thereof, inconsistent with the Circular.
- Section 7 contains a separability rule: if any provision is declared invalid or unconstitutional, the remaining provisions remain valid and subsisting.