Executive Order No. 227




MALACAÑANG RESIDENCE OF THE PRESIDENT OF THE PHILIPPINES MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 227, January 05, 1957 ] PROVIDING FOR THE IMPLEMENTING DETAILS FOR REORGANIZATION PLANS NOS. 15-A AND 27-A RELATIVE TO COMMERCE AND INDUSTRY Pursuant to the powers vested in me by Republic Act Numbered Nine hundred and ninety-seven, as amended by Republic Act Numbered One thousand two hundred and forty-one, and upon the recommendation of the Government Survey and Reorganization Commission, the following Implementing Details of Reorganization Plans Nos. 15-A and 27-A which relate to Commerce and Industry, are hereby promulgated to govern the organization, powers, duties, and functions of the Department of Commerce and Industry and its subordinate entities: ORGANIZATION OF THE DEPARTMENT OF COMMERCE AND INDUSTRY Section 1. The organization, functions, and operation of the Department of Commerce and Industry, hereinafter referred to as the “Department,” shall be in accordance with the provisions of Reorganization Plans Nos. 15-A and 27-A, hereinafter referred to collectively as the “Plans,” and these Implementing Details. Section 2. The Department, as graphically depicted in the following organization charts, shall consist of the Office of the Secretary, Bureau of Domestic Trade, Bureau of Foreign Trade, Bureau of Industrial Promotion, Bureau of Cooperative Administration, Bureau of the Census and Statistics, Philippine Patent Office, Securities and Exchange Commission, and Office of the Coordinator of Field Services. All the entities aforementioned are hereinafter referred to collectively, as the “central offices.” Section 3. The Secretary of the Department, hereinafter referred to as the “Secretary,” is authorized to make such changes in organization, definition of functions, and distribution of work among entities in the Department as may be necessary to reflect changes in legislation, conditions, needs, workloads: Provided, That no such changes may be made during fiscal year 1957 without specific approval of the President: And provided, further, That any such changes must be in conformity with the general pattern of organization set forth in the Plans and these Implementing Details. Section 4. Pursuant to section 11 of: Reorganization Plan No. 45-A on the Presidency, the National Marketing Corporation shall be attached to the Department for executive supervision by the Secretary of the Department, who is ex officio chairman of the Board of Directors of this Corporation, in accordance with section 7 of Republic Act Numbered Thirteen hundred and forty-five. For purposes of these Implementing Details, this Corporation shall not be considered as part of the Department. The functions of this Corporation shall include those transferred to it and shall exclude those transferred from it pursuant, respectively, to sections 13 and 24 of Reorganization Plan No. 27-A. Section 5. Pursuant to section 26 of Reorganization Plan No. 30-A on Agriculture and Natural Resources, the functions of the Fiber Inspection Service relating to the setting and maintenance of commercial standards, including collection of inspection fees and fiber testing for classification purposes are transferred to the Department together with applicable appropriations, equipment, property, records, and such personnel as are required by the Staffing Pattern of these Implementing Details. The portions of the Fiber Inspection Service Division, thus transferred, are reorganized as the Fiber Inspection Service Division of the Bureau of Foreign Trade: Provided, however, That personnel performing fiber inspection and related field activities shall be subject to the administrative supervision of the field organization of the Department. Section 6. In accordance with the provision of sections 1795 and 1796-B of the Revised Administrative Code, and section 5 above of these Implementing Details, the collections from fiber inspection fees shall be deposited in the National Treasury to the credit of the Director of Foreign Trade and shall constitute a special fund to be expended for the salaries and other expenses of the Department in performing its functions of providing fiber inspection services, including functions relating to the setting and maintenance of commercial standards and fiber testing for classification purposes. Any surplus thereof, shall be transfered to the credit of the Secretary of Agriculture and Natural Resources and shall constitute a special fund to be expended for the purposes and in the manner provided by sub-section (b) of section 1796-B of the Revised Administrative Code. FUNCTIONAL STATEMENTS OF THE DEPARTMENT OF COMMERCE AND INDUSTRY Office of the Secretary Section 7. The Office of the Secretary shall consist of the Secretary of Commerce and Industry, the Undersecretary of Commerce and Industry and their staffs, technical assistants and clerical staff, an Assistant to the Secretary for Administration, and administrative services staff divisions. The existing No-Dollar Import Office and the Philippine Committee on ECAFE Matters shall remain under the Office of the Secretary. Functions of the Secretary of Commerce and Industry Section 8. Authority and responsibility for the operation of the Department, shall be vested in the Secretary of Commerce and Industry, who is authorized to delegate his authority as he sees fit, in whole or in part, to the Undersecretary of Commerce and Industry, hereinafter referred to as the “Undersecretary,” Assistant to the Secretary for Administration, office, or bureau heads. The functions, powers, and duties of the Secretary (and the Undersecretary in the former’s absence and/or upon proper designation or delegation) shall consist of those provided in pertinent provisions of the Revised Administrative Code and other pertinent laws, and those provided in the Plans and these Implementing Details. Functions of the Undersecretary of Commerce and Industry Section 9. The Undersecretary of Commerce and Industry shall have the following functions, among others: (a) serve as deputy to the Secretary in all activities and functions as they relate to commerce and industry; (b) administer the day-to-day activities of the Department, coordinate their programs and projects, and assume responsibility for the efficient and economical operation of the Department; (c) advise and assist the Secretary in the formulation, determination, and implementation of policies as they relate to commerce and industry; and (d) upon proper designation, act as the Secretary in his absence or when the position is vacant. Functions of the Technical Assistants Section 10. The Secretary shall be provided with a staff consisting of three technical assistants: Provided, however, That pursuant to section 3 of Reorganization Plan No. 19-A on Management Practices, he shall have among them a management assistant who shall be responsible for assisting him in continuously promoting good management within the Department and providing technical advice and assistance on the application of effective good management practices to and in the operation of the Department. Section 11. The functions, duties, and responsibilities of the technical assistants shall be exclusively of a planning, research or consultative character, and shall include, among others, the following: (a) study or investigate for the Secretary basic matters for the formulation of policies, programs, and procedures to be adopted by the Department. (b) assist the Secretary in supervising the formulation and execution of department-wide policies and programs; (c) provide staff assistance to intra-departmental committee dealing with program or policy matters affecting the Department; and (d) study and review for the Secretary and recommend action on specified matters originating from other entities of the Department or on commercial and industrial matters which are referred to the Department by other government agencies. Functions of the Assistant to the Secretary for Administration Section 12. As chief administrative aide to the Secretary, the Assistant to the Secretary for Administration shall have the following functions, among others: (a) be responsible for the performance of all administrative services needed by the Secretary and the Undersecretary, and the bureaus and offices of the Department; and (b) supervise, direct, and coordinate the work of the administrative services staff divisions under the Office of the Secretary, except when otherwise provided for in these Implementing Details. Functions of the Administrative Services Staff Divisions Section 13. The administrative services staff divisions shall provide the Secretary with necessary administrative staff support, perform administrative services, staff work for entities of the Department, and provide functional supervision over administrative services staff activities within the entities of the Department. In accordance with the preceding section, the Assistant to the Secretary for Administration shall supervise, direct, and coordinate the work of the staff divisions for the Secretary, except when otherwise provided for in these Implementing Details. Each staff division shall be supervised by a staff officer, who shall advise the Secretary on matters within his specialty. Section 14. As provided for in Article I of Reorganization Plan No. 27-A, the administrative services staff divisions under the Assistant to the Secretary for Administration, shall consist of the following divisions, namely: Legal Division, Public Information Division, Budget and Statistics Division, Personnel Division, and General Services Division. Functions of the Legal Division Section 15. The Legal Division shall provide the Secretary with legal counsel and assistance on statutory and contractual interpretations, drafting of contracts and agreements, drafting and reviewing proposed legislation and providing other required legal services for entities of the Department. The Legal Division shall, among others: (a) advise the Department on statutory and contractual interpretations and other legal matters affecting the functions of the Department; (b) draft the Department’s proposed legislation to be submitted to the Congress; and prepare comments and recommendations for the Secretary on proposed legislation referred to the Department; (c) assist the Department in prescribing discretionary or interpretative administrative rules and regulations supplementing statutory enactments affecting the Department, its offices and bureaus; (d) handle all legal matters relating to administrative adjudication under the Department, its bureaus and offices, except when otherwise provided for; and prepare replies to queries on legal questions affecting trade and commerce, inclusive of the scope of the Department; and (e) assist the Solicitor in handling litigation of cases of the Department, its offices and bureaus, including those in which the Secretary or any other official or employee of the Department is involved in his official capacity, and including also cases beyond the prescribed jurisdiction of the quasi-judicial entities in the Department. Functions of the Public Information Division Section 16. The Public Information Division shall develop an aprpopriate press relations program and prepare special information materials relating to commerce and industry. Its functions shall include those transferred to it pursuant to section 1 of Reorganization Plan No. 27-A. This Division shall maintain liaison with the Office of the Press Secretary and shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Press Publication Section shall have the following functions, among others: (1) take charge of gathering, preparing, and publicizing commercial and industrial information; (2) prepare press releases of the Department; (3) gather, analyze, and issue informative materials pertinent to the activities of the Department; (4) publish pamphlets, articles, and monographs pertaining to the Department; (5) prepare written reports for the Secretary and other officials of the Department; and (6) do mimeographing and other reproduction jobs for the central offices of the Department, and for the regional offices insofar as may be practicable. (b) The Radio-Visual Section shall have the following functions, among others: (1) prepare scripts, playlets, and spot news for radio or television broadcasts of the commercial activities of the Department; (2) prepare scripts and supervise the filming of movie pictures, film strip, and slides; and (3) attend to all photographic works, art and display jobs, and other informational-illustrations such as posters, signs, and economic maps. (c) The Distribution and Library Section shall have the following functions, among others: (1) take charge of the distribution of all the Department’s publications in accordance with established distribution lists or systems. Preparation or formulation of such distribution lists or systems shall be a responsibility of the staff officer supervising the Public Information Division; and (2) take charge of the central library of the Department, including work pertaining to the use of library books and periodicals. Functions of the Budget and Statistics Division Section 17. The Budget and Statistics Division shall provide the Secretary with advice and assistance on fiscal problems, and with a management-control-aid system using the technique of internal operational statistics. The functions of this Division shall include those transferred to it pursuant to section 6 of Reorganization Plan No. 27-A. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Budget Section shall have the following functions, among others: (1) formulate a budget plan providing for an integrated program for the Department’s activities during any fiscal year; (2) prepare the annual budget and other appropriation proposals including the coordination and adjustment of requests for appropriations by the entities of the Department; (3) assist the Secretary on authorization and control of expenditures of appropriated funds; and (4) determine and prescribe specific department-wide financial reporting systems to secure reports on the status of expenditures and work performance. (b) The Statistical Control Section shall have the following functions, among others: (1) prescribe a system of reporting data internally generated from the operation of the Department, including written instructions or directions on what to report, report formats or forms, and establishing routes of the reports; (2) process and analyze the data gathered; and (3) prepare for the Secretary or other office or bureau heads, statistical reports relating to the trend of the Department’s operations, or specific phases of its operations, with trends outside the Department or with set standards. Functions of the Personnel Division Section 18. The Personnel Division shall provide the Secretary with advice and assistance on personnel management problems including employment, salary and classification, employee relations, and training matters. The functions of the Division shall include those transferred to it pursuant to section 6 of Reorganization Plan No. 27-A. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Employment and Services Section shall have the following functions, among others: (1) develop and administer an employment process program which shall include preparation of job descriptions and qualification standards for purposes of selective recruitment and placement, and in collaboration with the Bureau of Civil Service establish qualification and testing standards in specialization areas peculiar to the needs of the Department; (2) ascertain staffing needs as requested by operating officials for recruitment purposes, and communicate with, interview, and assist in evaluating possible recruitments; (3) process, and subject to delegation from and approval of the Secretary, act on matters concerning appointments, promotions, transfers, and other personnel transactions; (4) develop and administer a program of standards of performance which shall include a system of personnel control requiring office or bureau heads to justify their personnel number at least once a year, and a service-rating plan which shall include assisting operating officials in the rating process; and (5) carry on a continuing study and adjustment of position classification and compensation plan in collaboration with the Wage and Position Classification Office. (b) The Training and Employee Relations Section shall have the following functions, among, others: (1) develop and administer a department-wide overall training program, and assist operating officials on matters pertinent to in-service training of personnel; (2) collaborate with the Office of the Coordinator of Field Services in the training of the field personnel of the Department; (3) provide guidance on proper employee-relations policies; and (4) provide, when requested, assistance to the Secretary and operating officials on resolving personnel problems requiring disciplinary actions. Functions of the General Services Division Section 19. The General Services Division shall provide, insofar as practicable, all entities of the Department with service on such matters as records management property control, supply procurement, and building maintenance. The functions of this Division shall include those transfered to it pursuant to section 6 of Reorganization Plan No. 27-A. This division shall maintain liaison with the Department of General Services. It shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Cash and Disbursement. Section shall have the following functions, among others: (1) handle cash receipts and deposits, and payments of authorized vouchers; for the central offices; (2) prepare payrolls, as certified by the Personnel Division; and (3) prepare reports on cash receipts, deposits, and disbursements in conformance with the laws, rules, regulations, procedures, and reporting requirements of the General Auditing Office, the Department of Finance, and the Budget Commission. (b) The Property Section shall have the following functions, among others: (1) perform supply planning and inventory control practices, centralized procurement, storage, and distribution of supplies and equipment; (2) promulgate policies, rules, regulations, and procedures for department-wide performance of the supply functions in conformance with the policies, rules, and regulations of the Bureau of Supply Coordination of the Department of General Services; (3) provide custodial services for property, equipment, and supplies; and maintain up-to-date records of their disposition; (4) promote effective utilization of equipment and supplies which shall include developing and administering a definite replacement program for equipment, and making operating officials accountable for the maximum utilization of equipment and supplies; (5) take care of building management, which shall include authority to allocate space, supervise maintenance and other custodial services, and provide security measures in conformance with the policies, rules, and regulations of the Bureau of Building and Real Property Management of the Department of General Services; and (6) maintain and operate a centralized departmental motor pool, and messenger services. (c) The Records Section shall insofar as may be practicable, take charge of all records of entities of the Department. As the records center for the Department, this Section shall provide guidance on records management to the entities of the Department. It shall have the following functions, among others: (1) take custody of all records of entities of the Department insofar as can be feasibly transferred to it; (2) conduct continuing survey of accumulated current and non-current records to determine their categories and retention value with the purpose of effecting early disposal or retirement of obsolete and inactive records; (3) develop and administer a departmental forms control system to reduce volume of records being accumulated and used; (4) develop, install, and maintain departmental programs of record-making and record-keeping, selective preservation, scheduled disposal, and transfer of accumulated records to this Section from entities of the Department, in conformance with national policies on records management as shall be formulated by the Bureau of Records Management of the Department of General Services; and (5) issue certified copies of records upon request of interested parties. Functions of the No-Dollar Import Office Section 20. The functions, duties, powers, and responsibilities of the No-Dollar Import Office, hereinafter referred to under this title as the “Office,” shall be the same as those of the existing organization and which are provided for in Republic Act Numbered Fourteen hundred and ten, except for those functions transferred from it, pursuant to sections 1 and 6 of Reorganization Plan No. 27-A. The transfer of those functions shall include transfer of the corresponding equipment, property, and records. Section 21. The organizational status of the Office shall be the same as its existing status in the Department. For purposes of these Implementing Details, the Office shall be considered part of the Office of the Secretary, and shall be directly under the control and supervision of the Secretary. Functions of the Philippine Committee on ECAFE Matters Section 22. The functions, duties, powers, and responsibilities of the Philippine Committee on ECAFE Matters shall be the same as those of the existing organization. The organizational status shall be the same as its existing status in the Department. Functions of the Bureau of Domestic Trade Section 23. The Bureau of Domestic Trade, hereinafter referred to under this title as the “Bureau,” shall regulate, promote, and provide statistics and information on the domestic trade. The functions of the Bureau shall be in accordance with section 8 of Reorganization Plan No. 27-A, and shall include those transfered to it pursuant to sections 9 through 12 of the Plan, except for the function transfered to the Public Utilities Commission of the Department of Public Works, Transportation, and Communications, pursuant to section 52 of Reorganization Plan No. 60 on Public Works, Transportation, Communications, and Public Utilities Regulation and its Implementing Details. Section 24. The Bureau shall have a Market Research and Information Division, a Business Assistance and Promotion Division, and a Business Licensing, Registration, and Regulation Division. Section 25. The Market Research and Information Division shall gather and analyze domestic marketing information and statistics, and provide information and counsel on domestic trading activities. This Division shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Market Analysis and Promotion Section shall, among others, prepare studies and reports on the development and promotion of markets for domestic products, and their methods of distribution. (b) The Market Data Section shall, among others, undertake a continuing project to compile, classify, and publish sources of business information guides, market data books, and directors which are useful to business firms for their own market research and development activities. (c) The Market Trend Review Section shall have the following functions, among others: (1) prepare studies on current supply-demand facts for various commodities; and (2) demonstrate their uses and application to business for decision-making in purchasing, planning, and production. Section 26. The Business Assistance and Promotion Division shall provide business counselling service, and business aids useful to Filipino retailers in improving their methods and techniques, in accordance with accepted retail business practices, and shall assist Filipino retailers in securing liberal credit facilities under Republic Act Numbered Twelve hundred and ninety-two. This Division shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Business Counselling Section shall have the following functions, among others: (1) provide free counsel, advice and informative services, and technical assistance on various aspects of the retail business and include, among others, the following: (a) preparation and publication of useful guide for retailers; (b) rendering free marketing services to retailers; and (c) conducting seminars in retailing and merchandising techniques. (b) The Price Analysis Section shall have the following functions, among others: (1) undertake continuing study of price structure and analysis; and (2) establish and maintain a system of index-numbers of prices as factor determinants in the setting up of prices for different commodities in the domestic trade. (c) The Retail Trade Aid Section shall have the following functions, among others: (1) assist Filipino retailers in securing liberal credit through a guaranty loan system from the Filipino Retailers’ Fund established under Republic Act Numbered Twelve hundred and ninety-two; and (2) assist Filipino retailers in receiving benefits of other privileges extended to them by pertinent laws. Section 27. The Business Licensing, Registration, and Regulation Division shall be responsible for the licensing and registration functions of the Bureau, and for the enforcement of trade regulation laws entrusted to the Bureau. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Licensing and Registration Section shall have the following functions, among others: (1) perform the licensing functions of the Bureau and be responsible for performing activities pertaining therewith, except as otherwise provided for in these Implementing Details, which shall include, among others, the licensing of commercial and real estate brokers; (2) supervise the operation of warehouses and mills pursuant to the General Bonded Warehouse Law, Act No. 3893, as: amended by Republic Act No. 247 and Reorganization Plan No. 60 on Public Works, Transportation, Communications, and Public Utilities Regulation and its Implementing Details; and (3) perform the business registration functions of the Bureau and be responsible for performing activities pertaining therewith, which shall include, among others, the registration of business names, firm names or styles, private merchants and related powers of attorney on amendments, and bulk sales, transfers, mortgages, or assignments. (b) The Trade Regulation Section shall, among others, administer the enforcement of all trade regulation laws entrusted to the Bureau and be responsible for performing activities pertaining therewith, which shall include administering the enforcement of: (1) The Retail Trade Regulation Law (Republic Act No. 1180); (2) The Cassava Flour Law (Republic Act No. 657); (3) Price control measures including the Price Tagging Law; and (4) Laws governing fair trade practices. Functions of the Bureau of Foreign Trade Section 28. The Bureau of Foreign Trade, hereinafter referred to under this title as the “Bureau,” shall regulate, promote, and provide statistics and information on foreign trade. The functions of the Bureau shall be, in accordance with section 15 of Reorganization Plan No. 27-A, and shall include those transferred to it pursuant to sections 16 through 18 of the Plan, and those transfered to the Department pursuant to section 26 of Reorganization Plan No. 30-A on Agriculture and Natural Resources and its Implementing Details. Section 29. The Bureau shall have a Trade Promotion Division, a Commodity Standards Division, a Fiber inspection Service Division, and a Quota-Products Division. Section 30. The Trade Promotion Division shall gather data and disseminate information and statistics on foreign trade, and assist in promoting trade relations between local exporters and foreign buyers. This Division shall work closely with the Commercial Attaches in the promotion of the export trade of the country. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Survey and Information Section shall have the following functions, among others: (1) gather, compile, and analyze up-to-date international trading activities information and statistics, which shall include, among others: (a) information and statistics on marketing prospects of Philippine products in foreign markets; (b) foreign commercial laws, rules, and regulations especially on tariffs, trade controls, and import requirements; (c) export-import trade of the Philippines; and (d) studies on trade agreements and other matters relative to international trading; and (2) properly make them available to all concerned. (b) The Trading Service Section, shall, among others, provide technical assistance and business aids to Philippine exporters, which shall include the following: (1) advising Philippine exporters on any phase of their export activities, such as trade producer, potential markets, market prospects for specific commodity line, selection of agents, and informations for price quotation for overseas delivery; (2) handling trade inquiries received from abroad; and preparing directories to be used as guidance to both exporters and importers alike; and (3) reviewing current export control policies and measures, compiling Philippine export laws, rules and regulations, and properly making them available to all concerned. Section 31. The Commodity Standards Division shall perform standardization of exportable Philippine products, except when otherwise provided for in these Implementing Details, and by law or competent authority. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Technical Section shall have the following functions, among others: (1) establish standards and grades for exportable products not yet standardized; and (2) modify standards and grades for standardized products, as may be required by current international trading activities. (b) The Inspection Section shall have the following functions, among others: (1) provide technical assistance in the inspection, testing, classification, grading, and standardization of exportable products for conformance with established standards or grades; and (2) prepare drafts of proposed rules and regulations on inspection and standardization of specific commodity for the Director of the Bureau. Section 32. The Fiber Inspection Service Division shall establish, maintain, and enforce standard grades for exportable Philippine fibers. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Fiber Testing and Classification Section shall have the following functions, among others: (1) establish standards and grades for exportable fibers; (2) modify standards and grades for exportable fibers as may be required by international trading activities; and (3) provide technical assistance in the inspection of exportable fibers for conformance with established standards or grades. (b) The Inspection Section shall have the following functions, among others: (1) have technical supervision over the system of inspection for standardization of exportable fibers; (2) maintain uniform grading of exportable fibers which shall include responsibility for rotations of fiber inspectors in the field; and (3) prepare drafts of proposed rules and regulations on inspection of fibers for the Director of the Bureau. Section 33. The Quota-Products Division shall administer all quota laws, rules, and regulations affecting Philippine products. This Division shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Sugar Allocation and Licensing Section shall have the following functions, among others: (1) allocate the sugar quota for the year; and (2) administer the licensing of sugar movement. (b) The Sugar Quota Accounting Section shall, among others, assist in controlling sugar trading movement, under the jurisdiction of the Division in conformance with the quota allocation and within the quota for the year, through, and by maintaining a system of accounting, reporting, and statistical records books. (c) Other Quota Products Section shall have the following functions, among others: (1) administer the allocation of quota products other than sugar; and (2) perform the control measures pertaining thereto. Functions of the Commercial Attaches Section 34. The international extension of the substantive activities of the Bureau shall be performed by the Commercial Attaches. The functions, duties, and responsibilities of the Commercial Attaches are those provided for in section 18 (a) of Reorganization Plan No. 27-A. Section 35. Pursuant to sections 18 and 19 of Reorganization Plan No. 27-A, the Commercial Attaches shall be under the technical and functional supervision of the Director of the Bureau, and under the administrative supervision of the Chief of Mission of the Department of Foreign Affairs at the post of designation. The said Chief of Mission shall provide facilities for Commercial Attaches. The Secretary shall recall Commercial Attaches at the request of the Secretary of the Department of Foreign Affairs. Section 36. The Secretary shall appoint Commercial Attaches subject to section 20 of Reorganization Plan No. 27-A and other pertinent laws, rules, and regulations in conformance with provisions of the Plan and these Implementing Details. Section 37. A Technical Assistant on International Trading Operation shall assist the Director of the Bureau in plannning, developing, and coordinating policies and programs to be carried out by the Commercial Attaches. This Technical Assistant shall assist the Director in supervising the Commercial Attaches and their activities, and shall be the supervising head of the Trade Promotion Division of the Bureau. Functions of the Bureau of Industrial Promotion Section 38. The Bureau of Industrial Promotion, hereinafter referred to under this title as the “Bureau,” shall regulate, provide information and statistics, and promote the development of industry, including cottage industries. The functions of the Bureau shall be in accordance with section 22 of Reorganization Plan No. 27-A and shall include those transferred to it pursuant to sections 23 and 24 of the Plan. Section 39. The Bureau shall be the central agency for all governmental activities relating to the promotion and development of home industries, outside of those which are purely educational in nature. Home industries as used in these Implementing Details shall be interpreted to include cottage industries and handicraft industries. Section 40. The Bureau shall have an Industrial Survey and Marketing Division, an Industrial Consultation Division, and a Home Industries Division. Section 41. The Industrial Survey and Marketing Division shall gather, compile, and analyze, and make available to all concerned, statistics and other information relating to industrial activities and development, which shall, among others, include information on the availability of new materials, labor supplies, transportation facilities, and government credit and tax benefits. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Industrial Survey Section shall have the following functions, among others: (1) gather data and information from public and private sources relating to activities and development of existing manufacturing and cottage industries, which shall include information on problems and needs of existing industries and other data of allied nature; and (2) prepare and publish semi-annually, directories of industrial establishments in the Philippines. (b) The Industrial Marketing Section shall, among others, provide technical assistance to manufacturers on marketing of locally manufactured goods particularly in the domestic market, which shall be interpreted to include, making available to manufacturers data and information on: (1) current price conditions affecting manufactured goods, including goods produced by home industries; (2) marketing practices and problems; (3) consumers’ reactions, perferences, and buying habits; (4) changes in demand and factors affecting them; and (5) location of markets. Section 42. The Industrial Consultation Division shall provide technical assistance in the establishment of new industrial enterprises, and in the productivity improvement of existing industrial plants. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Investment Aid Section shall have the following functions, among others: (1) advise possible investors and entrepreneurs on the investment possibilities of new industries; (2) provide technical assistance on financial problems and techniques of industrial operations; and (3) gather, study, and make available in effective form, data, and information on the profitability of specific lines of manufacturing, on available industrial financing facilities, and on techniques of financing and fiscal control of industrial operations. (b) The Engineering and Research Service Section shall have the following functions, among others: (1) provide technical assistance on engineering or production problems and techniques of industrial operations, which shall be interpreted to include, providing consultative services for the improvement of productivity of existing industrial plants, when requested to do so, either through applications of good management techniques or good engineering practices, or both; and (2) provide information on sources of industrial research and engineering services. Section 43. The Director of the Bureau shall have discretion to charge nominal fees for consultative services referred to the sub-section b (1) of the preceding section: Provided, That said fee shall be known and agreed upon by those concerned at the outset of the consultation: And provided, further, That in the exercise of said discretion, the Director of the Bureau shall be guided by the demands of public interest and service. Section 44. The Home Industries Division shall promote the development of cottage and handicraft industries. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Technical Assistance Section shall, among others, provide producers with technical assistance in production, which shall include assistance in product design, tooling, choice of raw materials, and equipment. (b) The Marketing Section shall have the following functions, among others: (1) provide producers with marketing information or assistance, which shall be interpreted to include, making available to producers, data and information on: (a) current buyers’ reaction, preferences, and buying habits; (b) changes in demand and factors affecting them; and (c) marketing practices and location of markets; and (2) suggest buyers’ preferences as to design and quality of products. Section 45. Subject to the availability of funds, the Bureau, through the Technical Assistance Section of the Home Industries Division, shall provide home industries producers or would-be producers with tools and equipment, at cost and for cash or on an installment basis. Functions of the Bureau of Cooperatives Administration Section 46. The Bureau of Cooperative Administration, hereinafter referred to under this title as the “Bureau,” shall promote the organization of and supervise consumers’ and trade cooperatives and mutual-aid associations, including credit unions. Section 47. The Bureau shall have two divisions as indicated below, with their respective duties and responsibilities as follows: (a) The Credit Union Division shall promote the organization of and supervise credit unions. (b) The Consumers’ and Miscellaneous Co-op Division shall promote the organization of and supervise consumers’ and trade cooperatives and mutual-aid associations. Section 48. The Bureau shall work closely with the field organization of the Department, with the Bureau of Domestic Trade in promoting purchasing cooperatives among Filipino retailers, and with the Bureau of Industrial Promotion, particularly in the promotion of marketing cooperatives among home industries producers. Functions of the Bureau of the Census and Statistics Section 49. The functions, duties, powers, and responsibilities of the Bureau of the Census and Statistics, hereinafter referred to under this title as the “Bureau,” shall be the same as those of the existing organization and which are provided for in its basic laws, except for those functions, duties, powers, and responsibilities transferred from it, pursuant to sections 1 and 6 of Reorganization Plan No. 27-A and section 1 of Reorganization Plan No. 15-A and by these Implementing Details: Provided, however, That notwithstanding these transfers of functions, nothing herein shall be construed to preclude the Bureau from conducting general censuses that may involve the gathering of various kinds of statistical data. Section 50. Statistical functions transferred from the Bureau, pursuant to section 1 of Reorganization Plan No. 15-A, are clarified as follows: (a) Agricultural and natural resources statistics functions transferred to the Department of Agriculture and Natural Resources shall be interpreted to include those pertaining to data on crop resources, production, acreage and other related data; livestock and poultry; fisheries; logs, lumber, and timber resources and productions; and other related matters. (b) Banking and finance statistics functions transferred to the Central Bank shall be interpreted to include those pertaining to data on stocks and bonds; government finance including income and expenditures; investments; international balance of payments; money and banking; general price indexes; and other related matters. (c) Labor statistics functions transferred to the Department of Labor shall be interpreted to include those pertaining to data on industrial disputes, labor organizations and industrial accidents; labor immigration and migration; registration and placement of jobseekers; wage rates of agricultural and non-agricultural workers and of skilled or unskilled labor; trends of money and real wages; and other related matters. (d) Vital statistics functions transferred to the Department of Health shall be interpreted to include only those pertaining to data on births, deaths, and morbidity. (e) Education statistics functions transferred to the Department of Education shall be interpreted to include those pertaining to data on public and private school enrollment and number of teachers; enrollment in collegiate, professional, and technical courses in private and public colleges and universities; adult education; public libraries, and newspapers and publications; and other related matters. Section 51. The Directors of the Bureau shall have three staff units which shall be under the immediate supervision of an administrative assistant. These staff units are indicated below, with their respective duties and responsibilities as follows: (a) The Civil Registry Section shall, among others, assist the Director of the Bureau in the performance of civil registry functions. (b) The Tabulating Section shall, among others, perform the tabulation and cross-tabulations of coded data contained in documents used by the Bureau in the performance of its statistical activities. (c) The General Statistical Information Service shall have the following functions, among others: (1) furnish requested statistical data collected by the Bureau to government agencies, private firms, or individuals; (2) attend to the consolidation of all finished statistical tables for ready reference; (3) fill out questionnaires and answer inquiries on statistical matters that may be directed or referred to the Bureau; and (4) maintain and keep up-to-date a checklist of organizations to which statistical publications of the Bureau are periodically, released, and take charge of the proper distribution thereof. Section 52. The Bureau shall have an Industrial and Allied Statistics Division, a Foreign Trade Statistics Division, a Demography and Social Statistics Division, and an Editorial and Publications Division. Section 53. The Industrial and Allied Statistics Division shall be responsible, among others, for the collection, compilation, assembly, classification, tabulation, analysis, and interpretation of statistics concerning industry, domestic commerce, transportation, storage and communications, and production or sales; employment and investment in such lines of business as may be specified by the Office of Statistical Coordination and Standards of the National Economic Council; and for planning economic censuses under the general direction of the said Office. This Division shall have three sections as indicated below, with their respective duties and responsibilities as follows: (a) The Industrial Statistics Section shall, among others, undertake periodic surveys for collecting, by questionnaires and through personal interviews, statistical information covering the various manufacturing industries, including electric light and power plants, gas and heat companies; and data on transportation, storage, and communications. (b) The Domestic Trade Section shall, among others, collect statistical information on the various aspects of the internal trade of the country including, among others, gross sales in the merchandising trades, nationality of merchants, and coastwise and interprovincial trade. (c) The Capital Formation Section shall, among others, collect statistical information on facilities and investments in different lines of business covered by the Division. Section 54. The Foreign Trade Statistics Division shall be responsible, among others, for the collection, compilation, assembly, classification, tabulation, analysis, and interpretation of statistics concerning the foreign trade of the country, including navigation. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Import Trade Statistics Section shall, among others, collect statistical information concerning the import trade of the country, including data on the quantity and value of imports and those that reflect current shipping activities connected with the import trade. (b) The Export Trade Statistics Section shall, among others, collect statistical information concerning the export trade of the country, including data on the quantity and value of exports and those that reflect current shipping activities connected with the export trade. Section 55. The Demography and Social Statistics Division shall be responsible, among others, for the collection, compilation, assembly, classification, tabulation, analysis and interpretation of vital statistics and statistical information concerning the population; for making population estimates and demographic studies; and for subject matter planning of population censuses under the general direction of the Office of Statistical Coordination and Standards of the National Economic Council. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Demophaphy Section shall have the following functions, among others: (1) maintain up-to-date demography census data; and (2) prepare periodic forecasts of the population of the country. (b) The Vital Statistics Section shall, among others, collect statistical on births, death, marriages, and related subjects. Section 56. The Editorial and Publications Division shall be responsible, among others, for all activities relative to the preparation for printing and publication of manuscripts submitted by the other divisions of the Bureau, and for obtaining data from other agencies of the government for publication in the Bureau’s journals and other publications. This Division shall have two sections as indicated below, with their respective duties and responsibilities as follows: (a) The Editorial Section, in collaboration with the subject matter divisions, shall also, among others: (1) prepare necessary textual write-ups of data and statistical subject matters to be published from time to time, including their analysis and interpretation; and (2) collect and prepare for publication, data from other government entities. (b) The Publications Section shall have the following functions, among others: (1) edit all manuscripts for publications; (2) check, proofread, and copy-read all galleys and page proofs incident to printing; (3) prepare necessary maps, charts, and graphs; and (4) assist in the preparation of press releases of the Bureau. Functions of the Philippines Patent Office Section 57. The functions, duties, powers, and responsibilities of the Philippines Patent Office, hereinafter referred to under this title as the “Office,” shall be the same as those of the existing organization and which are provided for in its basic laws, except for those functions transferred from it, pursuant to sections 1 and 6 of Reorganization Plan No. 27-A. The transfer of said functions shall include transfer of the corresponding appropriations, equipment, property, records, and such personnel as may be necessary. Section 58. The organizational status of the Office shall be the same as its existing status in the Department. Functions of the Securities and Exchange Commission Section 59. The functions, duties, powers, and responsibilities of the Securities and Exchange Commission, hereinafter referred to under this title as the “Commission,” shall be the same as those of the existing organization and which are provided for in its basic laws, except for those functions transferred from it, pursuant to sections 1 and 6 of Reorganization Plan No. 27-A. The transfer of said functions shall include transfer of the corresponding appropriations, equipment, property, records and such personnel as may be necessary. Section 60. The organizational status of the Commission shall be the same as its existing status in the Department. Functions of the Field Organization of the Department Section 61. In accordance with section 27 of Reorganization Plan No. 27-A, the individual field services and functions of existing entities of the Department shall be consolidated and integrated into a field organization to perform field services and functions for the Department, as a whole, throughout the country. Section 62. Subject to the provisions of Reorganization Plan No. 27-A and these Implementing Details, and in conformance with established national policies on field operation, including those pursuant to Reorganization Plan No. 53-A on Field Operations and its Implementing Details, the Secretary shall prepare a detailed plan and schedule of the decentralization process of the integrated field services and functions, and of the administration of the integrated field organization. The plan shall include a training program for personnel to be assigned to the field to prepare them for the changes in their activities. The schedule shall include a schedule for transferring personnel from the central offices. Section 63. In accordance with section 5 of Reorganization Plan No. 53-A and its Implementing Details, the Secretary shall be responsible for preparing, in the form of a field manual, a written-down set of policies, standards, and delegations of authority which shall govern the operation of the field organization. The manual shall include, among others, specific delegations of authority, management policies, administrative standards, and operating criteria for the guidance and instruction of the field personnel. The manual shall be periodically revised to maintain its contents on a current basis. Section 64. Pursuant to the provisions of Article VI of Reorganization Plan No. 27-A, the field organization of the Department shall consist of the following operating units, namely: on Office of the Coordinator of Field Services, Regional Offices, and Field Personnel. Functions of the Office of the Coordinator of Field Services Section 65. In accordance with section 29 of Reorganization Plan No. 27-A, the Office of the Coordinator of Field Services, hereinafter referred to under this title as the “Office,” shall have the following functions, among others: (a) coordinate all functional and other orders proposed for issuance to the field: (b) serve as a communication channel between the field organization and functional units of the Department; and (c) provide administrative supervision over all field service activities. Section 66. The Office shall consist of a Coordinator of Field Services, hereinafter referred to as the “Coordinator,” a field-operation specialist, a field-personnel training specialist, an administrative assistant and clerical staff. The Coordinator shall have administrative supervision over the integrated field organization and shall be directly responsible to the Secretary. The Coordinator shall have the following functions, among others: (a) assist the Secretary in supervising the formulation and execution of departmental programs and policies on regional and national basis; (b) study and evaluate field operation reports and statistics, and advise the Secretary accordingly; (c) facilitate communication between the funcitional units of the Department and the field organization, especially, with respect to orders and correspondence proposed for issuance to the field; (d) exercise direct line authority over the regional offices; (e) supervise activities of field agents through reports, inspections, and through other forms of supervision; (f) exercise disciplinary authority, subject to delegation from the Secretary, over field personnel on matters of compliance with established policies, standards, and operating criteria governing the operation of the field organization; and (g) assist in providing field personnel with needed administrative services. Functions of the Regional Offices Section 67. Unless otherwise provided by law or competent authority, the Department shall have eight Regional Offices, the respective jurisdictions, boundaries, and headquarters offices of which shall be in conformance with Reorganization Plan No. 53-A and its Implementing Details. Section 68. Each Regional Office shall have administrative supervision and control over all field personnel assigned to each region. Subject to policy instructions, standards, rules, and regulations established by appropriate central offices, each regional office shall have the following functions, among others: (a) perform all the specialized work of the Department as a whole in the designated area; (b) facilitate communication between the field personnel and functional entities of the Department; (c) supervise all field services operations, and effect central administrative control through systematic inspection tours of the designated region; and (d) provide field personnel with required administrative service, such as payroll services, supplies, equipment, and adequate transportation and communication services, so far as these do not conflict with those provided by the Department of General Services. Section 69. Each of the eight Regional Offices shall be under a Regional Commercial Director, who shall be assisted by an Assistant Regional Commercial Director, an administrative assistant and clerical staff. The Regional Commercial Director shall supervise and direct field service operations of the Department in his designated region. Functions of the Field Personnel (Commercial Agents) Section 70. The field personnel of the Department shall be responsible for the performance of the field services, functions, and programs of the Department in their designated areas. Section 71. The field personnel of the Department shall be officially known as “Commercial Agents,” which shall be interpreted to include cooperative officers and fiber inspectors. Section 72. The Coordinator, except as otherwise provided for in these Implementing Details, shall have sole responsibility for the assignment of Commercial Agents to the various geographical areas, upon recommendation of any or all of the Regional Commercial Directors, or when the Coordinator deems it necessary to shift field personnel to meet requirements of changing conditions pertinent to field services, functions, and programs of the Department. The number of Commercial Agents to be assigned to each area shall depend upon the nature and volume of the Department’s functions and activities in the area, as well as the standing of the area as a commercial center, and the projects that Commercial Agents may be assigned to undertake in that particular area. Section 73. From among the Commercial Agents assigned to areas within a province, the Coordinator shall designate, when he deems necessary, the most able and capable as Provincial Commercial Agent. The Provincial Commercial Agent shall act as headman in dealing with national, provincial, municipal, and local officials of that province. Section 74. The Commercial Agents in a designated region shall solely report, and be responsible to, the Regional Commercial Director of that region. A Regional Commercial Director shall report and be responsible directly to the Coordinator for the Department’s field services activities in the designated region. PROVINCIAL AND LOCAL OFFICES Section 75. As and when operations justify and within the limits of authorized appropriations, the Secretary may establish provincial and local offices under the direct authority of the regional offices. Provincial and local offices so established shall perform such functions and duties and discharge such responsibilities as may be delegated, subject to pertinent provisions of these Implementing Details. PERSONNEL OF THE DEPARTMENT Section 78. The personnel structure of the Department for the period from the effective date of these Implementing Details to June thirtieth, nineteen hundred and fifty-seven, shall conform to the Staffing Pattern provided in these Implementing Details. Section 79. Except where the law provides otherwise, all appointments to positions, authorized in the Staffing Pattern, including those of technical assistants, shall be subject to the requirements of the civil service and other personnel laws, rules, and regulations: Provided, That all personnel in the present staff and those transferred to it by provisions of reorganization plans, who meet such requirements shall be employed before consideration is given to the employment of other persons, subject to the approval of the Government Survey and Reorganization Commission and the President: And provided, further, That appointments to positions in the Fiber Inspection Service Division of the Bureau of Foreign Trade and the corresponding Commercial Agents engaged in fiber inspection activities shall be made from civil service eligibles of the Fiber Inspection Service of the Department of Agriculture and Natural Resources. DELEGATION OF AUTHORITY Section 80. Any delegation of authority required or authorized by these Implementing Details shall be in writing; shall indicate to which officer or class of officers or employees the delegation is made; shall define the extent to which each delegatee will be held responsible for results; and shall vest each delegate with sufficient authority to enable him to discharge his assigned responsibility. Such delegations, where specifically provided by these Implementing Details, shall be within the limits of the provisions of these Implementing Details: Provided, That nothing in this Section shall be construed to prevent other delegations. TRANSITORY PROVISIONS Section 81. Notwithstanding provisions to the contrary of these Implementing Details, the Department shall not undertake the performance of functions or engage in activities that directly duplicate those of the Industrial Development Center of the National Economic Council, so long as these functions or activities are performed by the Industrial Development Center. Section 82. Notwithstanding provisions of section 84 of these Implementing Details, the transfer of vital statistics functions to the Department of Health, pursuant to section 1 of Reorganization Plan No. 15-A shall be effected at such time, but not to exceed two years from the effective date of these Implementing Details, as shall be determined by the Office of Statistical Coordination and Standards of the National Economic Council: Provided, however, That, if before such transfer is effected, the Office, pursuant to its authority under the provisions of section 4 of Reorganization Plan No. 15-A to allocate statistical functions among government entities, should decide to retain such functions in the Bureau, no transfer shall be effected. PARTIAL INVALIDITY PROVISION Section 83. If any provision of these Implementing Details should be held invalid, the other provisions shall not be affected thereby. TIMING OF ADMINISTRATIVE ACTIONS Section 84. The Secretary shall direct the orderly scheduling of transfers, changes, and other transitional actions required by the Plans and by these Implementing Details within sixty days from the effective date of these Implementing Details. In the interim, each entity affected shall continue to perform its existing functions until such time as the Secretary orders change or cessation, and each officer and employee shall continue to perform his duties and to exercise his authority until such time as the Secretary orders otherwise. Done in the City of Manila, this 5th day of January, in the year of Our Lord, nineteen hundred and fifty-seven, and of the Independence of the Philippines, the eleventh.1âшphi1 (Sgd.) RAMON MAGSAYSAY President of the Philippines By the President: (Sgd.) FORTUNATO DE LEON Executive Secretary NOTE: For obvious reasons, section 76 entitled Reallocation of Appropriations (pp. 43-49), section 77 entitled Staffing Pattern (pp. 50-75), and the organization charts (pp. 3-13) were omitted The Lawphil Project - Arellano Law Foundation