Executive Order No. 93




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 93, October 04, 1947 ] ABOLISHING THE NATIONAL ENTERPRISES CONTROL BOARD, CREATING THE GOVERNMENT ENTERPRISES COUNCIL, TRANSFERRING THE METROPOLITAN TRANSPORTATION SERVICE TO THE MANILA RAILROAD COMPANY, DISSOLVING AND MERGING CERTAIN CORPORATIONS OWNED OR CONTROLLED BY THE GOVERNMENT, AND FOR OTHER PURPOSES . By virtue of the powers vested in me by Republic Act Numbered Fifty-one, I, MANUEL ROXAS, President of the Philippines, do hereby order- CREATING THE GOVERNMENT ENTERPRISES COUNCIL Section 1. The National Enterprises Council Board created by Executive Order Numbered Three hundred sixty, of August fifth, nineteen hundred and forty-one, is hereby abolished, and in lieu thereof, the Government Enterprises Council is created to be composed of the President of the Philippines, as Chairman, the Secretary of Commerce and Industry, as Vice-Chairman, the chairmen of the Boards of Directors and the managing heads of all the corporations owned or controlled by the Government as ex officio members, and such additional members as the President may appoint from time to time with the consent of the Commission on Appointments of the Congress. The Government Enterprises Council shall have a Secretary to be appointed by the President with the consent of the Commission on Appointments of the Congress. The Secretary shall serve on full-time basis and his salary shall be fixed by the President. Section 2. The Government Enterprises Council shall advise the President in the exercise of his power of supervision and control over corporations owned or controlled by the Government. It shall formulate and adopt such policies and measures as may be necessary to coordinate the functions and activities of the corporations owned or controlled by the Government and of offices, agencies, or other instrumentalities of said Government now existing or which may hereafter be formed or organized primarily for the development of the national economy. CONTROL COMMITTEE Section 3. There shall be a Control Committee in the Government Enterprises Council to be composed of the Secretary of Commerce and Industry, as Chairman, a member to be designated by the President from among the members of the Council, as Vice-Chairman, and the Secretary of the Council as ex officio member. The powers and duties of the Control Committee shall be, among other things: (a) To supervise, for and under the direction of the President, all the corporations owned or controlled by the Government for the purpose of insuring efficiency and economy in their operations; (b) To pass upon the program of activities and the yearly budget of expenditures approved by the respective Boards of Directors of the said corporations; and (c) To carry out the said the policies and measures formulated by the Government Enterprises Council with the approval of the President. MANAGING HEADS OF CORPORATIONS OWNED OR CONTROLLED BY THE GOVERNMENT Section 4. There shall be a President, general manager, or manager in each corporation owned or controlled by the Government, who shall be appointed by the Board of Directors or other governing body of the corporation concerned, with the approval of the President of the Philippines. The president, general manager, or manager of the corporation shall, on behalf of the Board and subject to its control and supervision, direct and manage the affairs and business of the corporation. The Board of Directors, by a majority vote of all the members, may suspend and, with the approval of the President, general manager, or manager of the corporation. Section 5. The provisions of the charters or articles of incorporation of corporations owned or controlled by the Government to the contrary notwithstanding, no chairman or member of the Board of Directors or other governing body of any of said corporations shall at the same time serve in the corporation in any capacity whatsoever other than as such chairman or member, unless authorized by the President: Provided, That this prohibition shall not apply to any person who may be appointed to said board or governing body as representative of the employees and laborers of the corporation. CONVERTING THE NATIONAL RICE AND CORN CORPORATION INTO AN INDEPENDENT CORPORATION Section 6. The National Rice and Corn Corporation shall cease to be a subsidiary of the National Development Company, and all the rights, titles, and interests of the National Development Company in and to any property, assets, or shares of the capital stock of the National Rice and Corn Corporation are hereby transferred to the said National Rice and Corn Corporation at book and/or par value. CONVERTING THE AGRICULTURAL MACHINERY AND EQUIPMENT CORPORATION INTO A DEPARTMENT OF THE NATIONAL DEVELOPMENT COMPANY Section 7. The Agricultural Machinery and Equipment Corporation is hereby converted into a department that shall operate directly under the National Development Company, and all its properties and assets are hereby transferred and assigned to the National Development Company. COVERTING THE NATIONAL COOPERATIVE ADMINISTRATION INTO THE NATIONAL COOPERATIVES AND SMALL BUSINESS CORPORATION Section 8. The National Cooperatives Administration is hereby converted into the National Cooperatives and Small Business Corporation. His Corporation shall assume, in addition to its usual functions and duties, the function which has heretofore been undertaken by the Bureau of Commerce of encouraging, promoting and supervising the establishment of provincial trading corporations. Any reference in any Act, executive Order, Administrative Order, rule, or regulation to the National Cooperatives Administration, which has no connection with its former purchasing functions, shall be deemed a reference to the National Cooperatives and Small Business Corporation. METRAN TRANSFERRED TO MANILA RAILROAD COMPANY Section 9. Effective January first, nineteen hundred and forty-eight, the Metropolitan transportation Service ( METRAN ) which was created by Executive Order Numbered Fifty-nine, dated July twenty-seventh, nineteen hundred and forty-five, as amended by Executive Order Numbered Seventy-five, together with its functions, duties, personnel. equipment, records, assets and liabilities, is hereby transferred to and placed under the Manila Railroad Company, a corporation created by Act Numbered One thousand five hundred and ten, as amended, which shall hereafter exercise full control and authority over the same. Section 10. The Board of Directors of the Metropolitan Transportation Service created by Executive Order Numbered Fifty-seven, dated June seventh, nineteen hundred and forty-seven, is abolished and the powers and duties conferred upon it are transferred to the Board of Directors of the Manila Railroad Company. Section 11. Personnel of the Metropolitan transportation Service who, after this transfer, may be considered in excess of the actual and necessary requirements of the service shall be included in a temporary plantilla and shall remain in their respective positions as long as they are not transferred to other permanent positions in the combined services of the Manila Railroad Company and its various bus lines, such as the Luzon Bus Line, the Benguet Auto Line, and the Mindanao Motor Line. When filling any vacancy or new position in any of the departments of the Manila Railroad Company or of its bus lines, first preference shall be given to suitable personnel listed in the temporary plantilla. Any position that may become vacant in this plantilla shall be automatically abolished. Section 12. The Metropolitan Transportation Service Revolving Fund created by Executive Order Numbered Seventy-five, dated December first, nineteen hundred and forty-five, is abolished, and the assets and liabilities of the said fund are transferred to the Manila Railroad Company. Section 13. The Manila Railroad Company is hereby directed to furnish motor transportation service to all bureaus and offices of the National Government on hire or rental basis in accordance with the schedule of rates and regulations prescribed in Executive Order Numbered Twenty-eight, dated November twenty-second, nineteen hundred and forty-six, which may be revised or amended with the approval of the President. NATIONAL HOUSING COMMISSION AND PEOPLE’S HOMESITE CORPORATION MERGED INTO PEOPLE’S HOMESITE AND HOUSING CORPORATION. Section 14. The National Housing Commission created by Commonwealth Act Numbered Six hundred forty-eight and the People’s Homesite Corporation created under the Corporation Law are merged and converted into a single corporation to be designated People’s Homesite and Housing Corporation which is hereby created. The duties, powers, functions, personnel, records, equipment, funds, and other assets as well as the liabilities of the National Housing Commission and the People’s Homesite Corporation are transferred to the People’s Homesite and Housing Corporation. For all legal purposes, the People’s Homesite and Housing Corporation is deemed to be a continuation of the personality of the National Housing Commission and the People’s Homesite Corporation, and any reference in any Act, Executive Order, Administrative Order, rule, or regulation to the aforesaid two merged corporations shall be deemed a reference to the People’s Homesite and Housing Corporation. PLACING THE GOVERNMENT SERVICE INSURANCE SYSTEM UNDER THE SUPERVISION OF THE GOVERNMENT ENTERPRISES COUNCIL Section 15. The Government Service Insurance System, an institution established in Commonwealth Act Numbered One hundred eighty-six, is hereby placed under the administrative supervision of the Government Enterprises Council herein created. The authority and control now exercised by the Secretary of Finance over the said institution and the Government Service Insurance Board are transferred to the Control Committee of the Government Enterprises Council. Any reference to the Secretary of Finance in Commonwealth Act Numbered One hundred eighty-six and its amendments and in any rules or regulations issued thereunder shall be deemed a reference to the Chairman of the Control Committee. PLACING THE ADMINISTRATION OF THE PROPERTY INSURANCE LAW UNDER THE GOVERNMENT SERVICE INSURANCE SYSTEM Section 16. The administration of the Property Insurance Law, sections three hundred thirty-six to three hundred forty-one of the Revised Administrative Code, as amended, is hereby transferred to the Government Service Insurance System. Any reference to the Secretary of Finance and the Treasurer of the Philippines in the Property Insurance Law or in any rules and regulations issued thereunder shall be considered a reference to the Chairman of the Control Committee of the Government Enterprises Council and the Manager of the Government Service Insurance System, respectively. CORPORATION DISSOLVED Section 17. The National Produce Exchange, the National Warehousing Corporation, and the National Footwear Corporation are hereby dissolved and their accounts shall be liquidated by the Auditor General. REPEALING CLAUSE Section 18. All Acts, Executive Orders, Administrative Orders, or Proclamations or parts thereof inconsistent with any provision of this Order are hereby repealed or modified accordingly. EFFECTIVE DATE Section 19. This Order shall take effect immediately, unless otherwise stated.1a⍵⍴h!1 Done at the City of Manila, this fourth day of October, in the year of Our Lord, nineteen hundred and forty-seven, and of the Independence of the Philippines, the second. (Sgd.) MANUEL ROXAS President of the Philippines By the President: (Sgd.) N. ROXAS Acting Chief of the Executive Office The Lawphil Project - Arellano Law Foundation