Authority and constitutional basis
- The President issues Executive Order No. 78 by virtue of powers vested by the Constitution and existing laws.
- The order anchors presidential control over executive departments under Section 17, Article VII of the 1987 Constitution.
- Section 1 operationalizes that control by placing PADC under administrative supervision of the DND.
- Section 2 ensures consistency by revoking, amending, or modifying inconsistent prior issuances.
Policy and purpose of the transfer
- Executive Order No. 78 directs that the PADC’s policies, programs, and activities be coordinated with the DND to attain relevant objectives of the Philippine Development Plan (PDP) 2017-2022.
- The order is intended to maximize the national utility of the aviation and aerospace industry.
- The order links the transfer to goals of addressing emerging internal and external threats and achieving self-reliance in defense equipment.
- The order also emphasizes the promotion of technology transfer from neighboring countries.
Legal status and attachment of PADC
- PADC is a government-owned or -controlled corporation (GOCC) created by Presidential Decree (PD) No. 286 (s. 1973).
- PADC is empowered to design, manufacture, and sell all forms of aircraft and aerospace devices, equipment, or contraptions.
- PADC is empowered to develop local capabilities in the maintenance, repair, and modification of aviation equipment.
- Before this transfer, EO No. 546 (s. 1979) attached PADC to the Department of Transportation (DOTr).
Transfer and administrative supervision
- Section 1 transfers PADC to and places it under the administrative supervision of the DND.
- Section 1 requires coordination of PADC’s policies, programs, and activities with the DND.
- Section 1 ties this coordination to ensuring attainment of PDP 2017-2022 objectives.
- Section 1 ties the coordination to maximizing the national utility of the aviation and aerospace industry.
Revocation and amendment of inconsistent issuances
- Section 2 revokes, amends, or modifies relevant provisions of EO No. 546 (s. 1979) that conflict with Executive Order No. 78.
- Section 2 likewise revokes, amends, or modifies all executive orders, rules and regulations, and other issuances or parts thereof that are inconsistent with Executive Order No. 78.
- The operative effect of Section 2 is to align prior regulatory and issuance frameworks with the transfer of PADC to the DND.