Executive Order No. 328




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 328, December 27, 2000 ] FURTHER AMENDING EXECUTIVE ORDER NO. 270 SERIES OF 2000, EXTENDING UP TO SEPTEMBER 30, 2000 THE IMPLEMENTATION OF THE “WINDING UP” OF OPERATIONS OF THE CORDILLERA EXECUTIVE BOARD (CEB), CORDILLERA REGIONAL ASSEMBLY (CRA) AND CORDILLERA BODONG ADMINISTRATION (CBA) AS PROVIDED UNDER THESE AGENCIES SPECIAL PROVISION IN THE GENERAL APPROPRIATIONS ACT (GAA) FOR FISCAL YEAR 2000, TO FURTHER EXTEND SAID “WINDING UP” ACTIVITY TO MARCH 31, 2001 WHEREAS, Executive Order No. 220 series of 1987, created the Cordillera Administrative Region (CAR) to administer the affairs of the government in the region, accelerate the economic and social growth and development of the units thereof and prepare the establishment of the autonomous region in the Cordillera; WHEREAS, E.O. 220 further provided for the activation of the Cordillera Executive Board (CEB), Cordillera Regional Assembly (CRA) and Cordillera Bodong Administration (CBA); WHEREAS, the Special provision in the GAA for the CAR for FY 2000 mandates that the amounts appropriated for CAR shall be used to wind-up the activities of the Cordillera agencies including the separation and retirement benefits of all affected employees; Provided, that any deficiency in the amount for payment of terminal leave and retirement gratuity benefits shall be taken from the Miscellaneous Personnel Benefit Fund; WHEREAS, Republic Act No. 6656 recognizes the need to protect the security of tenure of civil service officials and employees in the re-organization 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 three Cordillera bodies 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 the law do hereby order: Section 1. Government Operations. For purposes of Governmental operations, the integrity of the Cordillera Administrative Region as composed of the provinces of Abra, Benguet, Ifugao, Kalinga, Apayao and Mt. Province and the Chartered City of Baguio shall be maintained as created by virtue of EO 220 and all regional offices and agencies of the National Government established in the Cordillera Administrative Region shall continue to serve the region. Section 2. Creation of Special Task Force. A Special Task Force is hereby created to be chaired by the Executive Secretary or his duly authorized representative, with the Secretary of Budget and Management, the Chairman of the Cordillera Regional Assembly and the Executive Director of the Cordillera Executive Board as members, who shall provide policy guidelines for, and oversee, the final disposition of personnel, functions, assets and liabilities of the CAR. Section 3. Development Council. The Cordillera Regional Assembly and the Cordillera Executive Board shall continue in the meantime its developmental concerns for the CAR during the period. Section 4. Transfer or Re-employment of CEB, CRA and CBA Personnel. Affected 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 affected personnel with other agencies shall be exempt from the prohibition of new hiring under Administrative Order No. 100 dated December 1, 1999. Section 5. Separation or Retirement of CEB, CRA and CBA Personnel. All affected 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 affected 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 6. Transfer of Assets and Liabilities. All assets and liabilities of CEB, CRA and CBA upon the expiration of this extension period shall be transferred without cost to the Presidential Assistant for Regional Concerns (PARECO-NL) pending appropriate and final disposition. Section 7. Transfer of CEB Properties. Immediate transfer of CEB properties located in Tabuk, Kalinga to the province and in Lubuagan to the municipal government shall be effect. Section 8. Extension of Period. The Special Task Force, in coordination with other concerned agencies is hereby given until March 31, 2001 within which to implement the deactivation of the CAR bodies. It shall be assisted by a skeletal force consisting of personnel occupying positions listed in Annex “A” hereof for the task of winding-up of CAR operations and the safekeeping of its resources. The CRA and CEB skeletal force shall be headed by its present Chairman and Executive Director respectively, including a representative of the CBA, to ensure proper guidance and smooth operation of said agencies in their winding-up activities. Unless otherwise transferred to other agencies, members of the skeletal force will be deemed separated from the service after March 31, 2001 unless otherwise provided for by law. Section 9. Support of Other Agencies. The Special Task Force may request assistance from the Civil Service Commission, Commission on Audit and such other agencies of government as may be necessary to assist in the smooth implementation of this Order. Section 10. Funding Requirements. Funds for the implementation of this order shall sourced from agency savings, by realignment of funds of the Cordillera bodies or upon request augmented by the Department of Budget and Management (DBM) and also from the organizational adjustment fund.1aшphi1 The DBM shall give preference to the payment of accounts payable, accrued leave credits, separation and retirement benefits to affected personnel from the Miscellaneous Personnel Benefits Fund. Section 11. Final Report. The Special Task Force shall submit its final report and recommendation on the de-activation of CEB, CRA and CBA to the President not later than March 31, 2001. Section 12. 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 13. Repealing Clause. All executive orders, rules, and regulations and other issuances or parts thereof, which are inconsistent with the provisions of this Executive Order, we hereby revoked or modified accordingly. Section 14. Effectivity. This Executive Order shall take effect immediately. Done in the City of Manila, this 27th day of December, in the year of Our Lord, two thousand. (SGD.) JOSEPH EJERCITO ESTRADA By the President: (SGD.) RAMON B. CARDENAS Acting Executive Secretary The Lawphil Project - Arellano Law Foundation