EXECUTIVE ORDER NO. 804 May 26, 1982
PROVIDING FOR ASSISTANTS TO THE PRIME MINISTER TO PERFORM INSPECTORATE AND OTHER RELATED FUNCTIONS
WHEREAS, under the New Republic, national economic development shall be pursued with renewed vigor and greater determination;
WHEREAS, Section 2, Article IX, of the 1973 Constitution as amended provides that the Prime Minister and Cabinet are responsible to the Batasang Pambansa for the program of government approved by the President;
WHEREAS, Section 10, Article IX, of the 1973 Constitution as amended provides that the Prime Minister shall have supervision of all ministries;
WHEREAS, Executive Order No. 708 provides that the Prime Minister shall have the authority to insure that the ministries are managed economically, efficiently, and effectively in accordance with established policy, and to take such actions as may be necessary for the proper performance of official functions;
WHEREAS, in the effective discharge of the above responsibilities, it is fundamental that the Prime Minister should exercise supervision over the implementation of major development programs and projects undertaken by the various ministries, particularly to ensure that these are effectively and expeditiously implemented in accordance with established guidelines and time-tables;
WHEREAS, the Prime Minister will need a supportive mechanism to provide him with adequate staff assistance for this purpose; 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 1416 as amended, do hereby order and ordain:
Sec. 1. Assistants to the Prime Minister. There are hereby provided such number of Assistants to the Prime Minister as may be necessary, hereinafter referred to as the Assistants, who shall serve as the field support mechanism of the Prime Minister in the discharge of his responsibility for the day-to-day supervisions of all the ministries, particularly with respect to checking on and following-up the effective and expeditious implementation of major development programs and projects undertaken by the ministries in the field.
The Assistants shall be appointed by the Prime Minister and serve at his pleasure on a full time basis. They shall be directly responsible to and be under the supervision and control of the Prime Minister. The Prime Minister may designate one from among them who shall coordinate the activities of the other Assistants, or alternatively designate the Secretary General as the coordinator.
The Assistants shall have such technical and support staff to be determined by the Prime Minister which, at his discretion, may either be separate or shall be provided by the common support staff of the office of the Prime Minister.
Sec. 2. Powers and Functions. The Assistants shall assist the Prime Minister in exercising his power of supervision over all ministries, primarily to facilitate the implementation of priority development programs and projects undertaken in the field. They shall also serve as a feedback mechanism between the field agencies, project beneficiaries, and the Prime Minister.
The role of the Assistants is primarily to expedite the implementation of development projects and programs, by identifying problems in project implementation in the field and assisting in resolving such problems with the concerned agencies. Their supervisory power over field agencies of the government shall be performed through inspection of priority development programs and projects. They shall serve as the personal representatives of the Prime Minister in the regions.
The Assistants shall perform the following powers and functions;
1. Assist and advise the Prime Minister in the exercise of his power of supervisions over the ministries, particularly as this relates to the implementation of their development programs and projects;
2. Report to and advise the Prime Minister on the implementation of development programs and projects, particularly with respect to the effectiveness and currentness of their implementation, and bring to the attention of the Prime Minister anything that requires his immediate action;
3. Conduct field inspection of the status of selected development programs and projects, identify bottlenecks and other problems in their implementation, and institute the necessary corrective actions to be taken;
4. Whenever necessary and when so authorized by the Prime Minister, give direct instructions to field officials for expediting action on the implementation of projects, and advise the Prime Minister and the ministries concerned accordingly;
5. Assist in developing measures for achieving the economical, efficient and effective implementation of development programs and projects, and where appropriate, directly negotiate remedial action with agencies involved;
6. Assist in promoting collaboration among field agencies of the government to facilitate project execution;
7. Receive and act on complaints and suggestions on the implementation of development programs and projects, particularly from local governments;
8. Perform such other related power and functions as may be delegated to it by the Prime Minister.
Sec. 3. Appeal. Instructions or directives of the Assistants shall be appealable to the Prime Minister.
Sec. 4. Liaison Officers in Ministries and Other Government Agencies. The heads of ministries, Office of Budget and Management, and other government agencies to be designated by the Prime Minister shall designate their respective liaison officers of deputy minister or equivalent rank, to coordinate with the Assistants, to facilitate the implementation of decisions made by them and/or the Prime Minister.
The Constitutional Commissions, particularly the Commission on Audit and the Civil Service Commission, may, upon the request of the Prime Minister, designate their respective liaison officers to coordinate with and extend such assistance as may be necessary to the Assistants.
Sec. 5. Relationship with Agencies Performing Monitoring Functions. The Office of the Prime Minister shall, instead of building up its own monitoring capability, rely primarily to existing monitoring systems. Government agencies performing monitoring functions, such as the Presidential Management Staff, the National Economic and Development Authority, the Office of Budget and Management and other government agencies as may be determined by the Prime Minister shall furnish the Prime Minister with copies of necessary monitoring reports on a regular basis.
Sec. 6. Authority of the Prime Minister. The Prime Minister shall issue such orders, rules, and regulations as may be necessary to implement the provisions of this Executive Order.
Sec. 7. Funding. Such amount as may be necessary to carry out the provisions of this Executive Order shall be made available to the office of the Prime Minister from existing appropriations. Thereafter, the appropriation for the system of Assistants in the Office of the Prime Minister shall be included in the general Appropriations Act.
Sec. 8. Abolition of the Presidential Regional Officers for Development. The abolition of the system of Presidential Regional Officers for Development (PRODS) pursuant to Presidential Decree No. 955 shall be effected immediately.
Sec. 9. Repealing Clause. All laws orders proclamations, rules and regulations, or parts thereof, which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly.
Sec. 10. Separability Clause. 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. 11. Effectivity Clause. This Executive Order shall take effect immediately. lawphi1.net
Done in the City of Manila, this 26th day of May, in the year of Our Lord, nineteen hundred and eighty-two.
The Lawphil Project - Arellano Law Foundation
