Executive Order No. 281




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 281, August 22, 2000 ] EXTENDING UP TO SEPTEMBER 30, 2000 THE IMPLEMENTATION OF THE "WINDING UP" OF OPERATIONS OF THE NATIONAL STUD FARM (NSF) AS PROVIDED UNDER THE AGENCY'S SPECIAL PROVISIONS IN THE GENERAL APPROPRIATIONS ACT (GAA) FOR FISCAL YEAR 2000 WHEREAS, the Special Provisions in the GAA for the National Stud Farm for FY 2000 mandates that the amounts appropriated for the NSF shall be used to wind up its activities and operations, including the separation and retirement benefits of all affected officials and employees; and, that any deficiency in the amount for payment of terminal leave and retirement gratuity benefits shall be taken from the Miscellaneous Personnel Benefits Fund; WHEREAS, Republic Act No. 6656 recognizes the need to protect the security of tenure of civil service officers and employees in the reorganization process without sacrificing the promotion of morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service, pursuant to Article IX, B, Section 3 of the Constitution; WHEREAS, the winding up of the NSF and the final disposition of its personnel, assets and liabilities require inter-agency coordination for its smooth and orderly implementation; NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by law do hereby order: Section 1. Creation of Special Task Force. A Special Task Force is hereby created to be chaired by the Executive Secretary, with the Secretary of Budget and Management, the Secretary of Agriculture and the Director of the National Stud Farm as members, that shall provide policy guidelines for, and oversee, the final disposition of personnel, functions, assets and liabilities of the NSF. Section 2. Transfer or Re-employment of NSF Personnel. NSF personnel shall be given priority in hiring for existing vacant positions in other government agencies, subject to compliance with established qualification standards set by the receiving agencies. The transfer to or re-employment of NSF personnel with other agencies shall be exempt from the prohibition on new hiring under Administrative Order No. 100 dated December 1, 1999. Section 3. Separation or Retirement of NSF Personnel. All NSF personnel qualified for retirement may elect optional retirement as they may deem proper. All benefits, including payment of accrued leave credits, that may lawfully be given to NSF employees by virtue of their transfer, retirement or separation from service shall be paid within one (1) month from the filing of the necessary clearances and other pertinent documents. Section 4. Transfer of Assets and Liabilities. All assets and liabilities of the NSF are hereby transferred without cost to the Department of Agriculture pending appropriate final disposition. Section 5. Extension of Period. The Special Task Force, in coordination with other concerned agencies, is hereby given until September 30, 2000 within which to fully implement the deactivation of the NSF. Section 6. Support of Other Agencies. The Special Task Force may request assistance from the Civil Service Commission and the Commission on Audit and such other agencies as may be necessary to assist in the smooth implementation of this Order. Section 7. Funding Requirements. Funds for existing vacant positions in other agencies to be filled up by NSF personnel shall be sourced from agency savings or upon request, augmented by the Department of Budget and Management (DBM). The DBM shall give preference to the payment of accrued leave credits, separation and retirement benefits to NSF personnel from the Miscellaneous Personnel Benefits fund. Section 8. Final Report. The Special Task Force shall submit its final report and recommendation on the deactivation of the NSF to the President not later than September 30, 2000. Section 9. Separability Clause. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions of the Order for as long as such remaining portions can still subsist and be given effect. Section 10. Repealing Clause. All executive orders, rules, regulations and other issuances or parts thereof which are inconsistent with the provisions of this Executive Order are hereby revoked or modified accordingly. Section 11. Effectivity. This Executive Order shall take effect immediately. Done in the City of Manila, this 22nd day of August in the year of Our Lord, Two Thousand. (Sgd.) JOSEPH EJERCITO ESTRADA By the President: RAMON B. CARDENAS Acting Executive Secretary The Lawphil Project - Arellano Law Foundation