EXECUTIVE ORDER NO. 708 July 27, 1981
REORGANIZING THE OFFICE OF THE PRESIDENT AND CREATING THE OFFICE OF THE PRIME MINISTER PURSUANT TO THE 1981 AMENDMENTS TO THE CONSTITUTION
WHEREAS, the Filipino people have ratified through a plebiscite held on April 7, 1981 the amendments to the Constitution of the Republic of the Philippines;
WHEREAS, there is a need to institute substantive changes at the highest level of the executive structure of the government to conform with the aforesaid constitutional amendments;
WHEREAS, it is necessary to delineate and clarify the functions and relationships of critical positions and units at the highest level of the executive structure of the government for more efficient administration of the government's policies and programs;
WHEREAS, under Presidential Decree No. 830, the President is specifically granted continuing authority to reorganize his Office; and
WHEREAS, under Presidential Decree No. 1416, as amended, the President is empowered to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and the authority vested in me by Presidential Decree No. 830 and Presidential Decree No. 1416, as amended, do hereby order and ordain:
A. THE OFFICE OF THE PRESIDENT
Sec. 1. The Office of the President shall consist of the Private Offices, the system of Presidential Assistants, the Presidential Advisers, and the Presidential Security Command. In addition, the agencies and other entities under the Office of the President are those enumerated in Sections 7 to 10 hereof.
Sec. 2. The Private Offices shall include the Private Secretary's Office, Social Secretary's Office, and Malacañang Household Office.
Sec. 3. The system of Presidential Assistants shall be headed by a Presidential Executive Assistant assisted by such Deputy Presidential Executive Assistants and other subordinate Presidential Assistants as may be necessary. It shall also include the following units:
(1) Administrative Office
(2) Legal Office
(3) Malacañang Clinic
(4) Malacañang Public Assistance Center
(5) Presidential Appointments Office
(6) Presidential Management Staff
(7) Protocol Office
(8) Presidential Documents Office
(9) Political Affairs Office
(10) Engineer's Office
The Administrative Office shall be organized from existing components, including applicable personnel, of the Administrative Office, Accounting Office, Records Office, and Finance Office of the present Office of the President.
The Legal Office shall be organized from existing components, including applicable personnel, of the Legal Office of the present Office of the President.
The Malacañang Public Assistance Center shall be created from the merger of the present Complaints and Investigation Office and the Malacañang Assistance Center.
The other units above-mentioned shall consist of the same units in the present Office of the President.
The President may create such additional units in the Office of the President as he may deem necessary.
Sec. 4. There shall be a Presidential Executive Assistant, with the rank of minister, who shall coordinate and supervise the system of Presidential Assistants under him as provided for in Section 3; serve as the administrative link between the Office of the President and the various other offices of the Government; and perform such other functions as the President may direct. The Presidential Executive Assistant shall prepare and submit to the President for approval the system of administrative relationships within the Office of the President.
Sec. 5. The Presidential Advisers shall provide direct or personal advisory or consultative services to the President in such fields and under such conditions as the President may determine.
Sec. 6. The Presidential Security Command of the Armed Forces of the Philippines shall provide for the security of the President and his family, his office, and perform other related duties. The Presidential Security Command shall include the Presidential Aides Office, Provost Marshal's Office, Malacañang Command Center and the General Communications Support Unit:
(1) Council of Leaders
(2) Foreign Policy Council
(3) General Military Council
(4) National Security Council
(5) National Economic and Development Authority
(6) Special Presidential Reorganization Committee
Sec. 8. The following entities shall continue to be directly under the President:
(1) National Intelligence and Security Authority
(2) Office of the Presidential Assistant on National Minorities
(3) President's Center for Special Studies
(4) Presidential Commission on Reorganization
Sec. 9. The following entities shall continue to be under the administrative supervision of the Office of the President:
(1) Board of Energy
(2) National Manpower and Youth Council
(3) Philippine Racing Commission
Sec. 10. The following entities shall continue to be attached to the Office of the President:
(1) Central Bank of the Philippines
(2) Pambansang Katipunan ng Kabataang Barangay ng Pilipinas
(3) Philippine Coconut Authority
(4) Philippine Sugar Commission
Sec. 11. The President shall exercise all the powers and functions as provided for by the Constitution. Specifically, he shall be the head of state and chief executive of the Republic, and shall have control of the ministries, In addition, in accordance with applicable laws, the President shall have the following powers and functions:
A. Powers and Functions as Head of State
1. Enter into contracts and agreements with other countries or international agencies; and
2. Mobilize citizens for national defense, and where necessary, extend the service of military personnel, recall to active duty any retired officer or enlisted man take possession of vessels of Philippine registry for naval and military operation in times of war and other national emergency, and decide on the matter of detention of warlike vessels containing arms and ammunitions.
B. Executive Powers and Functions
1. Powers and Functions as Chief Executive
(1) Issue bonds or other securities to finance government projects, and endorse debentures for the government as primary obligon;
(2) Approve the denominations, Dimensions, designs, inscriptions and other characteristics of notes, and the weight, fineness, designs, denominations and other characteristics of coins issued by the Central Bank; and modify the par value of the peso;
(3) Negotiate and approve the subscription of the Philippine government to the capital stock of any foreign financing or lending institution and domestic government-owned or controlled corporation or the increase thereof and approve the release of funds therefor;
(4) Certify labor disputes for compulsory arbitration in proper cases
(5) Make adjustments on all internal revenue taxes relative to rates, taxable base and classification of articles, under certain conditions;
(6) Increase, reduce or remove the existing protective rates of import duty, including any necessary change in classification of articles, subject to certain limitations;
(7) Subject export products under Title III of the Tariff and Customs Code, as amended, to higher or lower rates of duty, include additional products, excluded or exempt any product from such Title, or additionally subject any products with an export quota, subject to certain conditions;
(8) Approve projects of the government to be funded from foreign loans, credits or indebtedness contracted by the government;
(9) Approve the compromise or release by the Commission on Audit of certain claims of government agencies;
(10) Authorize government financial institutions to extend loans to government agencies or corporations;
(11) Approve alternative procedures in opening contract areas and in selecting the best offer for petroleum operations; and
(12) Offer the examination of the business affairs, administration and condition of any corporation.
2. Administrative Powers and Functions
(1) Create, abolish, group, coordinate, consolidate, merge or integrate ministries, bureaus, offices, agencies, instrumentalities and functions of the government; and transfer functions, appropriations, equipment, property, records and personnel from one ministry, bureau, office, agency or instrumentality to another;
(2) Standardize salaries, materials and equipment;
(3) Remove or otherwise discipline officers of the government as may be provided by law; and
(4) Commute or remove administrative penalties or disabilities upon officials or employees in disciplinary cases.
3. Other Powers and Functions
(1) Determine, designate and reserve any land of the public domain of any classification for specific purposes, and withdraw or exclude any portion or portions therefrom;
(2) Approve the acquisition, transfer, encumbrance, lease or sale, and dispose or convey title to lands and other properties of the government;
(3) Issue executive orders and proclamations, as well as rules, regulations or instructions to implement the laws; and modify or revoke the same;
(4) Declare, suspend, and terminate a state of national emergency; and
(5) Proclaims special elections.
C. Residual Powers and Functions
1. Exercise such other powers and functions vested in the President which are provided for under the laws of the land and which are not specifically enumerated above, or which are not delegated by the President in accordance with law, unless the Batasang Pambansa provides otherwise.
Sec. 12. All references to "The President/Prime Minister" or to "The President and Prime Minister" in existing laws, Executive Orders, and other issuances shall be construed to refer to the President, except as may otherwise be determined by the President, or by applicable law.
B. THE OFFICE OF THE PRIME MINISTER
Sec. 13. The Office of the Prime Minister shall consist of the common staff support system as hereinafter provided for, and the agencies under or attached to the said Office.
The common staff support system shall refer to such staff or units as may be necessary which shall provide direct or personal assistance to the Prime Minister, as well as those which shall provide him with technical, administrative or general services. The latter shall include the Administrative Office, Legal Office, Legislative Office, Accounting Office, Finance Office, Cabinet Secretariat, and Records Office, and shall absorb the equivalent units or components thereof in the present Office of the President.
Sec. 14. The Prime Minister shall be assisted, whenever necessary, by a Deputy Prime Minister as may be determined by the President.
The Prime Minister shall recommend for appointment by the President a Secretary-General with the rank of deputy minister who shall supervise and coordinate the common staff support system of the Office of the Prime Minister. The Secretary-General and the Office of the Prime Minister shall also provide the necessary staff support to the Executive Committee.
Nothing in this Executive Order shall be construed as prohibiting the Prime Minister from holding a cabinet position with portfolio in a concurrent capacity.
Sec. 15. The Prime Minister shall assume the chairmanship of the National Council on Integrated Area Development.
The Prime Minister shall serve as ex-officio, Vice-Chairman of the National Economic and Development Authority, and as member of the boards, agencies, and entities where the President is Chairman, without prejudice to his being designated as Vice-Chairman thereof by the President.
Sec. 16. The entities under the administrative supervision of the Prime Minister are the following:
(1) General Services Administration
(2) Philippine Atomic Energy Commission
(3) Presidential Committee to Study Government Corporations which is hereby renamed Committee to Study Government Corporations
The President, motu propio or upon the recommendation of the Prime Minister, may make changes in the attachments of corporations and other entities for purposes of policy and program coordination.
Sec. 17. The Prime Minister shall exercise all the powers and functions as provided for under the Constitution and the laws, and as may be delegated by the President pursuant to Section 19 hereof. Specifically, he shall be the head of the Cabinet and the chairman of the Executive Committee, and shall exercise supervision of all ministries.
Sec. 18. The Prime Minister shall submit to the Batasang Pambansa within thirty days from the opening of each regular session, as the basis of the general appropriations bill, a budget of receipts based on existing and proposed revenue measures, and of expenditures, after approval by the President. The Ministry of the Budget shall prepare such budget in coordination and consultation with the Prime Minister.
C. OPERATING RELATIONSHIPS
Sec. 19. As a general principle, the President shall be concerned principally with major policy and decision-making processes. The Prime Minister shall be responsible for the day-to-day supervision and the details of administration of the government. Matters elevated for
Presidential action shall be those of such national importance or significance as would require decision of the President himself, and which preferably have been first coursed through the Prime Minister as such or as head of the Executive Committee or the Cabinet for appropriate recommendation. Initially, the Prime Minister and the Executive Committee shall exercise recommendatory powers with respect to matters requiring Presidential decision, without prejudice to exercising such specific powers and functions as may be delegated to him by the President. Initially, the Executive Committee shall function along the lines and procedures established for the Cabinet Standing Committee.
Presidential control over ministries includes the authority to act directly on any specific function entrusted to the ministries; direct the performance of a duty; restrain the commission of acts; review, approve, reverse or modify acts and decisions of ministries; determine priorities in the execution of plans and programs; and prescribe standards, guidelines, plans and programs.
Prime Ministerial supervision of ministries refers to the authority to oversee the operations of the ministries and to insure that they are managed economically, efficiently, and effectively in accordance with established policy; to coordinate and harmonize inter-ministerial operation and activities; and to take such action as may be necessary for the proper performance of official functions. The Prime Ministerial supervision herein defined shall be without prejudice to the exercise of such powers and functions as may be delegated to the Prime Minister by the President.
Sec. 20. Nothing herein shall be construed as inhibiting or delimiting any of the President's powers, including the authority to direct and institute the conduct of studies on any issue for submission of appropriate recommendation to him, or to institute measures for directly handling matters or administering agencies which he deems vital enough to warrant his personal attention, or to review decisions of the Prime Minister, the Executive Committee, or the Cabinet.
In addition to the powers of the Prime Minister provided for herein, the Prime Minister shall submit to the President for approval a system for the delegation of Presidential authority, as well as guidelines on matters which should be elevated for Presidential action and those that could normally be finally acted upon by the Prime Minister.
The various ministries shall have the authority to fully exercise their decision making powers and functions at their level, and to act on all matters affecting solely their substantive operations.
Sec. 21. The Prime Minister shall have the authority to act on all matters delegated to him by the President in accordance with law without having to indicate in the proper document the phrase "By authority of the President".
D. GENERAL AND TRANSITORY PROVISIONS
Sec. 22. The President shall issue from time to time such directives as may be necessary for the implementation of this Executive Order. Any transfer of functions or units pursuant to this Executive Order shall include applicable appropriations, records, equipment, property and such personnel as may be necessary. Assistants to the President and to the Prime Minister are personal to the President or Prime Minister as the case may be, and shall serve only at their pleasure: provided, however, that this concept of Assistants for the President or Prime Minister shall not apply to the career Staff Directors in the present Office of the President.
Sec. 23. The various agencies now under the Office of the President, including those whose enabling charters did not explicitly specify their respective organizational locations, are hereby transferred, as follows:
Agency Ministry
(1) Alcohol Commission Ministry of Energy
(2) Boy Scouts of the Philippines Ministry of Education and Culture
(3) Commission on Filipinos Ministry of Foreign Affairs Overseas
(4) Commission on Population National Economic and Development Authority
(5) Commission on the Settlement Ministry of Justice of Land Problems
(6) Committee on Transport Ministry of Transportation and Cooperatives Communications
(7) Council for the Welfare Ministry of Social Services of Children and Development
(8) Cultural Center of the Ministry of Human Settlements Philippines
(9) Environmental Center of the Ministry of Human Settlements Philippines
(10) Export Credit Corporation Ministry of Finance
(11) Games and Amusements Board Ministry of Youth and Sports Development
(12) Garments and Textile Export Ministry of Trade Board
(13) Gintong Alay Foundation Ministry of Youth and Sports Development
(14) Gintong Alay Project Ministry of Youth and Sports Development
(15) Girl Scouts of the Philippines Ministry of Education and Culture
(16) Kalinga Special Development National Economic and Development Region Authority
(17) Museum of Philippine Costume Ministry of Human Settlements
(18) National Artists Awards Ministry of Human Settlements Committee
(19) National Board for Teachers Ministry of Education and Culture
(20) National Cartography Ministry of Natural Resources Authority
(21) National Census Coordinating National Economic and Development Board Authority
(22) National Coal Authority Ministry of Energy
(23) National Commission Ministry of Social Services and Concerning Disabled Persons Development
(24) National Commission on the Role of Filipino Women , Ministry of Human Settlements
(25) National Committee on Anti- Ministry of National Defense Organized Crime
(26) National Committee on Ministry of Natural Resources Geological Sciences
(27) National Computer Center National Economic and Development Authority
(28) National Dendro Development Ministry of Human Settlements Corporation
(29) National Disaster Ministry of National Defense Coordinating Council
(30) National Electrification Ministry of Human Settlements Administration
(31) National Fire Society Council Ministry of National Defense
(32) National Food Authority Ministry of Human Settlements
(33) National Media Production Ministry of Public Information Center
(34) National Nutrition Council Ministry of Agriculture
(35) National Parts Development Ministry of Human Settlements Committee
(36) National Social Action Ministry of Education and Culture Council
(37) National Stud Farm Ministry of Education and Culture Development
(38) National Wages Council Ministry of Youth and Sports Development
(39) National Youth and Sports Ministry of Youth and Sports Development Foundation of Development the Philippines
(40) Nayong Pilipino Foundation Ministry of Human Settlements
(41) Pagkain ng Bayan Ministry of Human Settlements
(42) Philippine Amusements and Gaming Corporatio , Ministry of Finance
(43) Philippine Crop Insurance Corporation , Ministry of Finance
(44) Philippine Gamefowl Ministry of Local Government and Commission Community Development
(45) Philippine Heart Center for Asia , Ministry of Human Settlements
(46) Philippine National Lines Ministry of Transportation and Communications
(47) Philippine National Red Cross Ministry of Social Services and Development
(48) Philippine National Volunteer National Economic and Development Service Coordinating Agency Authority
(49) Presidential Committee on the Rehabilitation Program for Moro National Liberation Front(MNLF) which is hereby renamed National Committee on the Rehabilitation Program for Moro National Liberation Front (MNLF) , Ministry of Human Settlements
(50) Presidential Council for Forest Ecosystem Management which is hereby renamed National Council for Forest Ecosystem Management, Ministry of Natural Resources
(51) Procurement Service Council Ministry of the Budget
(52) Public Estates Authority National Economic and Development Authority
(53) Rural Waterworks Development Ministry of Human Settlements
(54) Sacobia Development Authority Ministry of Human Settlements
(55) Securities and Exchange Ministry of Finance Commission
(56) Task Force Anti-Gambling Ministry of National Defense
(57) Task Force Pawikan Council Ministry of Natural Resources
(58) Toll Regulatory Board Ministry of Transportation and Communications
Sec. 24. The President is hereby authorized to reconstitute the chairmanship or membership of any of the above agencies as may be necessary and whenever applicable as a result of the transfer of the agencies from the present Office of the President.
Sec. 25. The following agencies are abolished, and their functions, applicable applications, records, equipment, property, and such personnel as may be necessary are hereby transferred to the appropriate agencies of the government as shall de determined by the President:
(1) Consultative Council on Muslim Affairs
(2) Board of Liquidators
(3) Bonded Export Marketing Board
(4) Committee on Government Management Consultancy
(5) National Commission on Savings
(6) National Gaming Commission
(7) Philippine Coordinating Committee on the Asian Development Bank
(8) Presidential Action Committee on Food
(9) National Commission on Countryside Credit and Collection
The President shall promulgate the necessary issuances to provide for the implementing details to carry out this provision.
Sec. 26. All laws, decrees, orders, proclamations, rules, regulations, and issuances or parts thereof, which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly.
Sec. 27. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions thereof, provided that such remaining portions can still stand and be given effect in their entirety to accomplish the objectives of this Executive Order.
Sec. 28. This Executive Order shall take effect immediately.
DONE in the City of Manila, this twenty-seventh day of July, in the year of Our Lord, nineteen hundred and eighty-one.
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