[ EXECUTIVE ORDER NO. 247, May 20, 2000 ]
SUPPLEMENTING EXECUTIVE ORDER NO. 191 ON THE DEACTIVATION OF THE ECONOMIC INTELLIGENCE AND INVESTIGATION BUREAU AND FOR OTHER MATTERS
WHEREAS, Executive Order No. 191, series of 2000,
directs the deactivation of the Economic Intelligence and Investigation
Bureau (EIIB), including the termination of integration of its
employees, the transfer of its assets and the performance of its
functions by other agencies, due to redundancy and duplication of
functions;
WHEREAS, Republic Act No. 8760 appropriated P44,922,000.00 for the specific purpose of winding up the activities and operations of the EIIB;
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, there is a need to maintain and coordinate certain economic intelligence operations in the Department of Finance (DOF) and its attached bureaus and agencies;
WHEREAS, the deactivation of EIIB and the final disposition of its personnel, assets, and liabilities require inter-agency coordination;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
DONE in the City of Manila, this 20th day of May in the year of Our Lord, two thousand.
By the President:
RONALDO B. ZAMORA
Executive Secretary
WHEREAS, Republic Act No. 8760 appropriated P44,922,000.00 for the specific purpose of winding up the activities and operations of the EIIB;
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, there is a need to maintain and coordinate certain economic intelligence operations in the Department of Finance (DOF) and its attached bureaus and agencies;
WHEREAS, the deactivation of EIIB and the final disposition of its personnel, assets, and liabilities require inter-agency coordination;
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 Task Force.
There is hereby created a special Task Force, to be headed by the
Executive Secretary, with the Secretary of Finance, the Secretary of
Budget and Management and the Secretary of Justice as members, that
shall provide policy guidelines for the implementation of this executive
order. The implementing details for these guidelines shall be prepare
and issued by the Secretary of Finance.
Sec. 2. Transfer or Re-employment of EIIB Personnel. EIIB 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 EIIB personnel with other agencies shall be exempt from the prohibition on new hiring under Administrative Order No. 100 dated 01 December 1999. All accrued leave credits of EIIB personnel shall be paid within reasonable time but subject to the availability of funds.
Sec. 3. Separation or Retirement of EIIB Personnel. All EIIB personnel shall be deemed separated from the service effective 30 April 2000, pursuant to a bona fide reorganization resulting to abolition, redundancy, merger, division, or consolidation of positions in order to meet the exigencies of the service. EIIB 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 EIIB employees by virtue of their transfer, retirement or separation from service shall be paid within reasonable time but subject to availability of funds.
Sec. 4. Performance of Functions by Other Agencies. Law enforcement and intelligence functions previously performed by EIIB that relate to other agencies, such as the National Bureau of Investigation (NBI), Bangko Sentral ng Pilipinas (BSP) and the Department of Environment and Natural Resources (DENR), shall be transferred to or performed by the appropriate agency; Provided, that, the anti-smuggling activities shall remain with the Presidential Anti0Smuggling Task Force "ADUANA", unless otherwise ordered by the President.
Sec. 5. Transfer of Assets and Liabilities. All assets and liabilities of EIIB, including but not limited to the prosecution and defense of pending cases and seized goods, are hereby transferred without cost to the DOF pending appropriate, final disposition.
Sec. 6. Extension of Period. The special Task Force, in coordination with other concerned agencies, is hereby given until 30 June 2000 within which to fully implement the deactivation of EIIB. The special Task Force shall be assisted by a skeletal force for the task of winding-up EIIB operations and the safekeeping of its resources. Unless otherwise transferred to other agencies, members of the skeletal force will be deemed separated from the service due to abolition of position pursuant to reorganization effective 30 June 2000.
Sec. 7. Support of Other Agencies. The 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.
Sec. 8. Funding Requirements. Funds for existing vacant positions in other agencies to be filled up by EIIB personnel, positions to be transferred to other agencies, for the extension until 30 April 2000, and for the skeletal force 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 EIIB personnel from the Miscellaneous Personnel Benefits Fund. It shall also augment the DOF budget to service amortization payments and maintenance expenses for the EIIB building/s and other capital assets.
Sec. 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.
Sec. 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.
Sec. 11. Effectivity. This Executive Order shall take effect immediately.
Sec. 2. Transfer or Re-employment of EIIB Personnel. EIIB 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 EIIB personnel with other agencies shall be exempt from the prohibition on new hiring under Administrative Order No. 100 dated 01 December 1999. All accrued leave credits of EIIB personnel shall be paid within reasonable time but subject to the availability of funds.
Sec. 3. Separation or Retirement of EIIB Personnel. All EIIB personnel shall be deemed separated from the service effective 30 April 2000, pursuant to a bona fide reorganization resulting to abolition, redundancy, merger, division, or consolidation of positions in order to meet the exigencies of the service. EIIB 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 EIIB employees by virtue of their transfer, retirement or separation from service shall be paid within reasonable time but subject to availability of funds.
Sec. 4. Performance of Functions by Other Agencies. Law enforcement and intelligence functions previously performed by EIIB that relate to other agencies, such as the National Bureau of Investigation (NBI), Bangko Sentral ng Pilipinas (BSP) and the Department of Environment and Natural Resources (DENR), shall be transferred to or performed by the appropriate agency; Provided, that, the anti-smuggling activities shall remain with the Presidential Anti0Smuggling Task Force "ADUANA", unless otherwise ordered by the President.
Sec. 5. Transfer of Assets and Liabilities. All assets and liabilities of EIIB, including but not limited to the prosecution and defense of pending cases and seized goods, are hereby transferred without cost to the DOF pending appropriate, final disposition.
Sec. 6. Extension of Period. The special Task Force, in coordination with other concerned agencies, is hereby given until 30 June 2000 within which to fully implement the deactivation of EIIB. The special Task Force shall be assisted by a skeletal force for the task of winding-up EIIB operations and the safekeeping of its resources. Unless otherwise transferred to other agencies, members of the skeletal force will be deemed separated from the service due to abolition of position pursuant to reorganization effective 30 June 2000.
Sec. 7. Support of Other Agencies. The 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.
Sec. 8. Funding Requirements. Funds for existing vacant positions in other agencies to be filled up by EIIB personnel, positions to be transferred to other agencies, for the extension until 30 April 2000, and for the skeletal force 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 EIIB personnel from the Miscellaneous Personnel Benefits Fund. It shall also augment the DOF budget to service amortization payments and maintenance expenses for the EIIB building/s and other capital assets.
Sec. 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.
Sec. 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.
Sec. 11. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 20th day of May in the year of Our Lord, two thousand.
(Sgd.) JOSEPH EJERCITO ESTRADA
By the President:
RONALDO B. ZAMORA
Executive Secretary