Law Summary
Legal Authority for Organizational Reorganization
- The President has continuing authority under paragraph 3, Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987 to reorganize the administrative structure of the OP.
- This authority includes transferring agencies from the OP to other departments or vice versa.
Appointment and Governance of PNCC
- Republic Act No. 10149 requires the appointive directors of PNCC to be appointed by the President.
- Directors are selected from a shortlist prepared by the Governance Commission for GOCCs (Government-Owned or Controlled Corporations).
Executive Order No. 141 Provisions
- EO No. 141 (2013) officially transfers the PNCC from the jurisdiction of the DTI back to the OP.
- This transfer is undertaken pursuant to the President’s authority under the Administrative Code of 1987.
- All previous issuances, orders, rules, and regulations inconsistent with this transfer are repealed, amended, or modified accordingly.
- The order became effective immediately upon signing on October 14, 2013.
Practical Impact of the Transfer
- PNCC’s administrative supervision and policy coordination return directly under the Office of the President.
- This may affect the operational and strategic directives of PNCC especially considering its role in construction and infrastructure development.
- Ensures presidential control over appointive governance of PNCC through RA 10149 processes.