[ EXECUTIVE ORDER NO. 338, January 10, 2001 ]

RESTRUCTURING THE DEPARTMENT OF AGRICULTURE, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES



WHEREAS, the Department of Agriculture (DA) is the agency mandated by the Agriculture and Fisheries Modernization Act of 1997 (AFMA, R.A. No. 8435) and the Fisheries Code of 1998 (R.A. No. 8550) to lead in the interdepartmental efforts to modernize Philippine agriculture and fisheries, and thereby improve the quality of life of the majority of the people who are directly or indirectly dependent on agriculture and fisheries for livelihood;

WHEREAS, AFMA calls for prudent governance of the DA bureaucracy, reorientation of its agencies and bureaus to achieve efficiency and improved synergy in the use of scarce government resources, and creation of new offices to address neglected areas and concerns that have hampered sustained growth and development in agriculture and fisheries;

WHEREAS, the Safeguard Measures Act of 2000 (R.A. No. 8800), the Countervailing Act of 1998 (R.A. No. 8751), and the Anti-Dumping Act of 1999 (R.A. No. 8752) call for expanded functions of the DA to address issues concerning unfair foreign competition and trade practices in agriculture and fisheries;

WHEREAS, in compliance with Executive Order No. 162 (1999), the DA has prepared the Agriculture Bureaucracy Restructuring Plan (ABRP) consistent with the intent of AFMA and the abovementioned laws;

WHEREAS, the ABRP streamlines and reorients the structure of the DA along functional lines to achieve efficiency, enhance coordination, improve access of farmers and fishermen to support services, strengthen its partnership with local government units, and reduce the cost of doing business in agriculture and fisheries;

WHEREAS, the immediate implementation of the ABRP is critical to the Government ™s efforts to sustain the recent major gains in the agriculture and fisheries sector;

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

SEC. 1. Mandate. The Department of Agriculture shall be the principal Government agency responsible for the promotion of agricultural and fisheries development and growth. In pursuit of this mandate, the DA shall provide the policy framework, help direct public investments, and in partnership with local government units (LGUs), provide the support services necessary to make agriculture and agri-based enterprises profitable and to help spread the benefits of development to the poor, particularly those in rural areas.

SEC. 2. Powers and Functions. In fulfilling its mandate, the DA shall perform the following functions:

(a) The creation of a policy environment conducive to sustained growth of incomes in the agriculture and fisheries sector. The DA shall actively advocate for the adoption of policies supportive of long-term growth and development in the sector, as well as for the repeal of or amendment of policies which impede such growth;

(b) The provision of agriculture and fishery infrastructure support (i.e., irrigation facilities, farm-to-market roads, fish ports, postharvest facilities, etc.) to encourage private sector investments in agriculture and fisheries;

(c) The generation, verification, and dissemination of information relevant to productivity growth and development. The DA shall undertake research and development programs which strengthen the linkage between research and extension, develop and broaden the adoption of productivity-enhancing production and processing technologies, identify and promote local capabilities for sustainable resource management, and assess market options for various commodities in agriculture and fisheries;

(d) The production, testing, and dissemination of superior plant and animal germplasm. In support of private sector initiatives, the DA shall develop, produce, and distribute superior crop varieties and breeds of livestock and fish suited to Philippine conditions, focusing on the extension, demonstration, and provision of parent stock and fish juveniles;

(e) The facilitation of market access and the promotion of agro-based enterprises. The DA shall assist agricultural producers and business entrepreneurs, particularly low-income farmers, in processing and marketing their produce, establishing links with processors and buyers, forging marketing agreements, facilitating access to the international market, and availing of finance, credit guarantee and insurance facilities;

(f) Regulatory control over particular agriculture-related areas and concerns for the following objectives: protect the health and safety of the population; prevent over-exploitation of resources; prevent and/or contain the spread of plant, fish, and animal pests; protect agricultural producers from the influx of imports made cheap through subsidies by the exporting countries; implement international commodity agreements which the Philippines has acceded to; and ensure the quality of Philippine agricultural exports;

(g) Implementation of empowerment programs to provide access to benefits of development to groups which have been disadvantaged due to inequitable distribution of resources or due to market failures;

(h) Performance of other functions as may be provided by law.

SEC. 3. Organizational Structure. The DA shall consist of the Office of the Secretary, Department Services and Bureaus, Regional Offices, and attached agencies and corporations.

The Office of the Secretary shall consist of the following:

(a) The Secretary and his immediate staff as determined by him;

(b) Office of Inspectorate General;

(c) Corporate Affairs Office;

(d) Office of the Department Spokesperson; and

(e) Office of Regional Executive Directors

The Department Services and Bureaus shall be grouped along functional lines, as follows:

(a) Extension, LGU Support, and Infrastructure;

(b) Research and Development;

(c) Fisheries and Regulation;

(d) Policy, Planning, and Project Development; and

(e) Finance and Administration.

The organizational structure of the DA, as defined in this Executive Order, is presented in Annex œA  hereof.

SEC. 4. Office of the Secretary. The Secretary shall be assisted by five (5) Undersecretaries, six (6) Assistant Secretaries, the Inspectorate General, and the Department Spokesperson.

SEC. 5. Undersecretaries. The Undersecretaries shall assist the Secretary in the exercise of the mandate and in the discharge of the powers and functions of the DA.

The five (5) Undersecretaries shall be assigned the following functions:

(a) The Undersecretary assigned to Extension, LGU Support and Infrastructure shall oversee the implementation of the plans, policies, programs, and projects relating to extension and marketing assistance, infrastructure, and support to LGUs, especially for devolved agricultural services. He shall have direct supervision of the Assistant Secretary for Extension and LGU Support and of the National Irrigation Administration (NIA);

(b) The Undersecretary assigned to Research and Development shall take the lead in formulating and implementing the R&D programs of the DA and shall coordinate the R&D plans, programs, and projects of the various bureaus and agencies of the DA, as well as with other entities such as state universities and colleges, to ensure that these are in conformity with the thrusts and priorities of the DA as mandated by AFMA. He shall have supervision of the Bureau of Agricultural Research (BAR), Bureau of Postharvest Research and Extension (BPRE), Bureau of Soils and Water Management (BSWM), Philippine Carabao Center (PCC), Cotton Development Authority (CODA), and the Philippine Rice Research Institute (PhilRice);

(c) The Undersecretary assigned to Fisheries and Regulation shall oversee the implementation of plans, programs, and projects relating to fisheries and shall have direct supervision of all the fishery agencies and bureaus attached to the DA. In addition, he shall lead the development and enforcement of products standards and food-safety rules consistent with internationally accepted practices. He shall have supervision of the Assistant Secretary for Regulation and of the Bureau of Fisheries and Aquatic Resources (BFAR), National Fishery Research and Development Institute (NFRDI), and the Philippine Fisheries Development Authority (PFDA);

(d) The Undersecretary assigned to Policy, Planning, and Project Development shall provide policy advice to the Secretary, as well as policy and planning support services to the various DA offices, bureaus, and agencies, particularly in policy-formulation, planning, and project development. He shall also supervise the collection, monitoring, and publication of agricultural statistics for the DA and its clientele. He shall have supervision of the Assistant Secretary for Policy, Planning, and Project Development and of the Bureau of Agricultural Statistics (BAS), and Agricultural Credit and Policy Council (ACPC), Trade Remedies Office (TRO);

(e) The Undersecretary assigned to Finance and Administration shall oversee the provision of staff support services, particularly in administration and finance management, to all DA offices and agencies. In addition, he shall be responsible for providing services relating to legal and legislative concerns of the DA. He shall serve as the liaison of the DA with the Congress of the Philippines and concerned offices in the Executive Branch. He shall have supervision of the Legal and Legislative Affairs Service (LLAS), Financial and Management Service (FMS), and the Administrative Service (AS) through the Assistant Secretary for Finance and Administration.

SEC. 6. Functions of the Undersecretaries. With respect to his area of responsibility, an Undersecretary shall have the following functions:

(a) Advise the Secretary in the promulgation of orders and other issuances, with respect to his area of responsibility;

(b) Exercise supervision and control over the offices, services, operating units, and officers and employees under his responsibility;

(c) Promulgate rules and regulations, consistent with the policies of the DA, that will efficiently and effectively govern the activities of the units under his responsibility;

(d) Coordinate the functions and activities of the units under his responsibility with those of other units under the responsibility of the other Undersecretaries;

(e) Exercise delegated authority on matters related to the functions and activities of the units under his responsibility to the extent granted by the Secretary; and

(f) Perform such other functions as may be provided by law or assigned by the Secretary.

SEC. 7. Functions of the Assistant Secretaries. Each of the six (6) Assistant Secretaries shall head any of the following: Office of Corporate Affairs; Office of Regional Executive Directors; Extension and LGU Support; Regulation; Policy, Planning, and Project Development; and Finance and Administration. The Assistant Secretaries shall have the following functions:

(a) The Assistant Secretary assigned to the Office of Corporate Affairs shall oversee the following government corporations that have been attached to the DA by order of the President: Strategic Investments and Development Corporation (SIDCOR) and its subsidiaries; and Livelihood Corporation (LIVECOR) and its subsidiaries. In addition, he shall oversee the operations of the Countertrade Unit, created by virtue of this Executive Order to expand export opportunities for Philippine agricultural products, as well as the Philippine Crop Insurance Corporation (PCIC) and the Quedan and Rural Credit Guarantee Corporation (QuedanCor);

(b) The Assistant Secretary assigned to the Office of Regional Executive Directors shall coordinate and provide technical support to the operations of the Regional Executive Directors. He shall oversee the Field Operations Service of the DA;

(c) The Assistant Secretary assigned to Extension and LGU Support shall assist the Undersecretary for Extension, LGU Support, and Infrastructure in the implementation of plans, programs, and projects relating to agricultural extension and support services to LGUs, including infrastructure development. He shall also oversee the Agricultural Training Institute (ATI) and the Agribusiness and Marketing Assistance Service (AMAS) and supervise the implementation at the LGU level of special projects supported by official development assistance;

(d) The Assistant Secretary assigned to Regulation shall assist the Undersecretary for Fisheries and Regulation in the development and enforcement of products standards and food-safety rules consistent with internationally accepted practices. He shall have supervision of the Bureau of Agriculture and Fisheries Product Standards (BAFPS), National Meat Inspection Commission (NMIC), and Fertilizer and Pesticide Authority (FPA);

(e) The Assistant Secretary assigned to Policy, Planning and Project Development shall assist the Undersecretary for Policy, Planning, and Project Development in developing, integrating, monitoring and evaluating all plans and programs of the Department. He shall have supervision of the Policy Research Service (PRS), the Planning Service (PS), and the Project Development Service (PDS);

(f) The Assistant Secretary assigned to Finance and Administration shall assist the Undersecretary for Finance and Administration. He shall directly oversee the Legal and Legislative Affairs Service, the Financial and Management Service, and the Administrative Service.

The six (6) Assistant Secretaries shall, in addition to the abovementioned duties, perform such other functions as may be assigned by the Secretary.

SEC. 8. Legal and Legislative Affairs Service. The Legal and Legislative Affairs Service, hereby created by this Order in view of the expanded functions of the DA, shall handle the legal requirements of the DA, including those pertaining to the quasi-judicial and regulatory functions of the DA, its Bureaus, and Attached Agencies/Corporations. The Service shall also liaise with Congress of the Philippines and concerned offices in the Executive Branch for the advocacy and legislation of laws required to modernize agriculture and fisheries.

The Service shall report to the Undersecretary for Finance and Administration through the Assistant Secretary for Finance and Administration.

SEC. 9. Corporate Affairs Office. The Corporate Affairs Office, hereby created by this Order, shall ensure appropriate monitoring of selected government-owned and controlled corporations that have been attached to the DA by order of the President. These corporations include SIDCOR and its subsidiaries and LIVECOR and its subsidiaries. The Office shall also oversee the PCIC, QuedanCor, and the Countertrade Unit of the DA.

The Office shall report to the Secretary through the Assistant Secretary for Corporate Affairs.

SEC. 10. Countertrade Unit. The Countertrade Unit, hereby created by this Order, shall be the body which shall explore, negotiate, and conclude countertrade agreements for purposes of increasing exports of Philippine agricultural products. The Unit shall review and monitor the implementation of such agreements, as well as perform such other functions as the Secretary may assign.

The Unit shall report to the Secretary through the Office of the Assistant Secretary for Corporate Affairs.

SEC. 11. Office of the Inspectorate General. The Office of the Inspectorate General, hereby created by this Order, shall serve as monitoring body whose functions shall include:

(a) Monitoring of ongoing programs and projects of the DA, its attached agencies and bureaus, whether foreign-assisted or regular, implemented by the OSEC units, RFUs, bureaus, attached agencies and corporations for purposes of checking the progress, performance of the personnel, and financial flows of the programs and projects;

(b) Reviewing the effectiveness of delivery of services by, and the performance of, the RFUs, the bureaus, attached agencies, corporations, and other units of the DA and recommending appropriate measures to be undertaken;

(c) Performing such other functions as the Secretary may assign.

The Inspectorate General, who shall have the rank of Assistant Secretary, shall report directly to the Secretary.

SEC. 12. Office of the Regional Executive Directors. The Office of the Regional Executive Directors (ORED) shall coordinate the activities of the Regional Executive Directors. It shall have supervision of the Field Operations Service (FOS). The ORED, through the FOS, shall serve as the principal logistics and support unit for the implementation of the Field Programs, the operations of the Regional Field Units (RFUs), and the services to extension functions of the LGUs.

The ORED shall be headed by an Assistant Secretary and shall have direct supervision of the Field Operations Service.

SEC. 13. Office of the Department Spokesperson. The Office of the Department Spokesperson, hereby created by this Order, shall speak for the Secretary and coordinate with all officials and personnel of the DA, its attached agencies, bureaus, and corporations, as well as with various associations of government officials, non-government organizations, and people ™s organizations, in formulating an aggressive public information campaign for the DA policies, programs and projects. The Department Spokesperson shall oversee the Agriculture and Fisheries Information Service (AFIS), the DA Press Office, and the Information Technology Center for Agriculture and Fisheries (ITCAF). He shall as well facilitate all other functions given him by the Secretary.

The Department Spokesperson, who shall have the rank of Assistant Secretary, shall report directly to the Secretary.

SEC. 14. Agribusiness and Marketing Assistance Service. The Agribusiness and Marketing Assistance Service (AMAS), created pursuant to Administrative Order No. 6 (1998), shall facilitate and coordinate the efforts of the DA in all matters pertaining to agribusiness development and marketing assistance to include collaboration and provision of assistance to the private sector, including concerned non-governmental organizations, people ™s organizations, farmers and fisherfolk, in marketing and agribusiness ventures.

The Director of AMAS shall report to the Undersecretary for Extension, LGU Support and Infrastructure.

SEC. 15. Trade Remedies Office. The Trade Remedies Office (TRO), hereby created by this Order, shall be a body responsible for the implementation of the Anti-dumping, Countervailing, and Safeguard laws. TheTRO shall assist the Secretary in the conduct of the following functions: initiation of action, review of petitions from the private sector; serving notices to concerned parties; assessment of petitions; and imposition of duty. TheTRO may also perform such other functions as the Secretary may assign.

The Director of theTROshall report to the Secretary through the Undersecretary for Policy, Planning and Project Development.

SEC. 16. Policy Research Service. The Policy Research Service (PRS), created pursuant to DA Administrative Order No. 6 (1998), shall serve as the central body for policy research, formulation, and advocacy. It shall perform and/or manage research, policy formulation, and advocacy work to be able to:

(a) Ensure policy consistency across bureaus, agencies, programs, and activities of the DA;

(b) Formulate the legislative agenda in support of agriculture and fisheries modernization;

(c) Push the Philippine agriculture and fisheries agenda within key international organizations and bodies, both bilateral and multilateral, such as the World Trade Organization, Food and Agriculture Organization of the United Nations, Association of Southeast Asian Nations, and Asia Pacific Economic Cooperation;

(d) Influence/safeguard overall public policy consistent with the long-term growth and development of the agricultural and rural economy.

The Director of thePRSshall report to the Assistant Secretary for Policy, Planning and Project Development.

SEC. 17. Project Development Service. The Project Development Service (PDS), created pursuant to DA Administrative Order No. 6 (1998), shall translate the agriculture and fishery development plans and programs of the DA into specific project proposals. It shall identify and formulate projects, source and mobilize resources to operationalize them, and ensure quality and quantity of pipeline projects in support of agriculture and fishery modernization.

The Director ofPDSshall report to the Assistant Secretary for Policy, Planning and Project Development.

SEC. 18. Planning Service. The Planning Service (PS) shall spearhead the formulation, consolidation, validation, monitoring, and evaluation of the plans and programs, as well as the rational allocation of public investments necessary for agricultural modernization, as mandated by AFMA. The Service shall coordinate with all DA units and stakeholders in the formulation of the overall framework and parameters for the development of the agriculture and fishery plans and programs.

The PS shall be supervised by the Assistant Secretary for Policy, Planning and Project Development.

SEC. 19. Financial and Management Service. The Financial and Management Service (FMS) shall advise the DA top management on matters relating to budgeting, accounting, and management. It shall facilitate the release of funds by the DA to enhance delivery of necessary support services to the clientele of the DA.

The Director of theFMSshall report to the Assistant Secretary for Finance and Administration.

SEC. 20. Administrative Service. The Administrative Service (AS) shall be responsible for providing personnel, records, information, training, and other general services.

The Director of the AS shall report to the Assistant Secretary for Finance and Administration.

SEC. 21. Bureaus and Offices. The following bureaus and offices, as functionally restructured, shall carry out the mandate of the DA:

(a) Agricultural Training Institute

(b) Bureau of Agricultural Research

(c) Bureau of Agricultural Statistics

(d) Bureau of Agriculture and Fisheries Product Standards

(e) Bureau of Animal Industry

(f) Bureau of Fisheries and Aquatic Resources

(g) Bureau of Plant Industry

(h) Bureau of Postharvest Research and Extension

(i) Bureau of Soils and Water Management

(j) National Fishery Research and Development Institute.

SEC. 22. Agricultural Training Institute. The Agricultural Training Institute shall:

(a) Lead in the formulation of the national agriculture and fisheries extension (AFE) agenda and budget;

(b) Prepare an integrated plan for publicly-funded training programs in agriculture and fisheries;

(c) Formulate and issue guidelines in planning, implementing, monitoring, and evaluating AFE programs;

(d) Assist, in coordination with State universities and colleges (SUCs), the LGU extension system by improving their effectiveness and efficiency through capability-building and complementary extension activities such as technical assistance, training of LGU personnel, improvement of physical facilities, extension cum research, and information support services.

SEC. 23. Bureau of Agricultural Research. The Bureau of Agricultural Research shall be the body tasked to consolidate and strengthen the national agricultural and fisheries research system for increased effectiveness and efficiency. To achieve its mission, the BAR shall:

(a) Serve as the secretariat for R&D of the Council on Extension, Research and Development in Agriculture and Fisheries (CERDAF);

(b) Coordinate and strengthen the National Research and Development System in Agriculture and Fisheries (NaRDSAF) towards the generation and transfer of technologies useful to the country ™s productive system and national life;

(c) Manage the R&D Fund of the DA based on the guidelines approved by CERDAF;

(d) Provide leadership in the formulation of the National Integrated Research and Development, and Extension Agenda Programs (NIRDEAPs) and the Regional Integrated Research and Development, and Extension Agenda Programs (RIRDEAPs);

(e) Coordinate the development and implementation of a manpower development program for researchers, technical and non-technical staff of the R&D system;

(f) Develop and implement a program for the acquisition, upgrading, and maintenance of R&D facilities and equipment;

(g) Implement a monitoring and evaluation system on agriculture and fisheries R&D in collaboration with the appropriate institutions;

(h) Develop and maintain an agriculture and fisheries R&D information system linked to the National Information Network (NIN); and

(i) Establish and strengthen partnerships with national and international R&D institutions.

SEC. 24. Bureau of Agricultural Statistics. The Bureau of Agricultural Statistics shall be the primary agency of the Government responsible for all statistics on agriculture, fishery and related fields. Specifically, it shall:

(a) Collect, compile, and release official agricultural statistics;

(b) Exercise technical supervision over data collection centers;

(c) Coordinate all agricultural statistics and economic research activities of all bureaus, corporations, and offices under the DA.

SEC. 25. Bureau of Agriculture and Fisheries Product Standards. The Bureau of Agriculture and Fisheries Product Standards (BAFPS) shall be the main agency responsible for the coordination and strengthening of various aspects of standards formulation and implementation. In collaboration and coordination with appropriate Government agencies and the private sector, the BAFPS shall:

(a) Formulate and enforce standards of quality in the processing, preservation, packaging, labeling, importation, exportation, distribution, and advertising of agriculture, fisheries, and aquaculture products;

(b) Conduct research on product standardization, and alignment of local standards with international standards; and

(c) Conduct regular inspection of processing plants, storage facilities, abattoirs, as well as public and private markets in order to ensure freshness, safety, and quality of products.

SEC. 26. Bureau of Animal Industry. As restructured, the Bureau of Animal Industry shall:

(a) Develop technologies that improve and sustain the development of the livestock and poultry industry which ensure food security and competitiveness of the local produce in the global market;

(b) Plan, coordinate, and implement research and development programs for livestock and poultry, especially concerning genetics and breeding system, animal nutrition, feeds and feeding system, animal health and disease control and containment, and post-production and value-adding meat products technology;

(c) Conserve, improve, and utilize genetic resources through biotechnology and genetic engineering;

(d) Encourage active participation of the private sector in the sustainable development of the animal industry by creating a conducive investment climate for livestock and poultry production;

(e) Institutionalize linkages with RFUs, SUCs, LGUs, NGOs, and other government instrumentalities to address technological needs for the sustainable development of the livestock and poultry industry;

(f) Conduct quality control testing of feeds and veterinary biologicals and drugs to safeguard animal health and industries;

(g) Investigate, diagnose, and report cases of communicable and emerging exotic diseases affecting livestock and poultry;

(h) Establish a workable investigation, surveillance, reporting and appraisal system for animal diseases, including uniform collation of data and information on disease occurrences;

(i) Set a quarantine inspection system relative to inter-regional and international movement of animals, animal products including documentation and issuance of permit and commodity clearance in relation hereto;

(j) Adopt measures that would prevent the entry of exotic and communicable diseases into the country consistent with international standard, statutes, protocol set for inter-country and intra-regional cooperation;

(k) Formulate long- and short-range policies, rules and regulations regarding the registration and licensing and quality assurance for the operations of feed manufacturers, feed dealers, and feedstuff importers, and drug manufacturers, traders, and distributors; and

(l) Recommend specific policies and procedures governing the flow, handling, and transport of livestock/poultry and livestock/poultry products.

SEC. 27. Bureau of Fisheries and Aquatic Resources. In pursuance of the Fisheries Code of 1998, the Bureau of Fisheries and Aquatic Resources shall:

(a) Prepare and implement a Comprehensive National Fisheries Industry Development Plan;

(b) Coordinate efforts on fishery production undertaken by the primary fishery producers, LGUs, and fishery organizations/cooperatives;

(c) Coordinate with LGUs and other concerned agencies for the establishment of productivity enhancing and market development programs in fishing communities;

(d) Establish a corps of specialists, in collaboration with the Departments of National Defense, Interior and Local Government, and Foreign Affairs, for the efficient monitoring, control, and surveillance of fishing activities;

(e) Enforce all laws, rules and regulations governing the conservation and management of fishery resources;

(f) Issue licenses for the operation of commercial fishing vessels, and identification cards to fish workers engaged in commercial fishing;

(g) Monitor and review joint fishing agreements between Filipino citizens and foreigners who conduct fishing activities in international waters;

(h) Advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markets and fish landing areas;

(i) Implement an inspection system for import and export of fishery/aquatic products and fish processing establishments consistent with international standards to ensure product quality and safety; and

(j) Develop value-added fishery products for domestic consumption and export.

SEC. 28. Bureau of Plant Industry. The Bureau of Plant Industry shall:

(a) Conduct upstream research and development on various crops, namely tropical fruits, legumes, white potatoes and semi-temperate vegetables;

(b) Preserve the Philippine natural genetic resources for continued development of new crop varieties of superior horticultural and agronomical characteristics;

(c) Provide plant pest surveillance and early warning information that would ensure effective crop management for the protection of the Philippine crop industry; and

(d) Ensure the availability of basic seeds and quality plant materials of recommended crop varieties/cultivars.

SEC. 29. Bureau of Postharvest Research and Extension. The Bureau of Postharvest Research and Extension shall:

(a) Reduce postharvest losses through the development, diffusion, and application of location-specific and cost-effective postharvest technologies for agriculture, fisheries, and aquaculture products;

(b) Develop and disseminate safe and cost-effective postharvest pest-and-disease management processes and technologies; and

(c) Provide institutional and technical support for private sector participation in postharvest technology development and diffusion.

SEC. 30. Bureau of Soils and Water Management. The Bureau of Soils and Water Management shall be responsible for the sustainable use, management and proper conservation of soil and water resources, as well as productivity improvement of marginal farms. In the pursuit of this mission, the BSWM shall:

(a) Formulate and implement, in coordination with BAR, the National Soil and Water Research and Development Programs, and institutionalize the Soil and Water Resources Research Network Systems in the country;

(b) Provide, in coordination with theATIand SUCs, services for capacity building and information dissemination on soil and water resources conservation and management technologies;

(c) Provide, in coordination with the Department ™s RFUs and LGUs, technical assistance on sustainable productivity improvement and monitoring of land use changes in Strategic Agriculture and Fishery Zone (SAFDZ) areas;

(d) Conduct research and develop appropriate technologies/approaches for sustainable use of water resources; use and management of organic fertilizers from farm residues and urban wastes; balanced fertilization; rainwater harvesting; land degradation prevention and management; water resource management in marginal uplands and degraded lowlands; management of saline-induced and acid sulfate for fishery and agricultural development; land and water resource mapping; production of inoculants;

(e) Develop information materials in print and broadcast media for information dissemination of soil and water technologies;

(f) Provide technical assistance to regional and provincial laboratories in the formulation of laboratory standards and analysis for soil, water, fertilizer, and plant materials;

(g) Conduct cloud seeding operations in drought affected areas as required; and

(h) Establish and collaborate with a network of partner institutions and organizations in the conduct of various soil and water conservation and farm productivity improvement research.

SEC. 31. National Fishery Research and Development Institute. The National Fishery Research and Development Institute shall be the main DA unit for the conduct and coordination of fishery research and development. It shall:

(a) Establish a national, technologically advanced research facility which shall carry out the research needs of the fisheries sector;

(b) Provide a venue for training and development of human resources in the fisheries sector, as well as a repository for fishery research and related information;

(c) Maximize developmental research efforts in accordance with the requirements of the national fisheries conservation and development programs; and

(d) Establish, strengthen, and expand linkages with fishery research and development institutions.

SEC. 32. Regional Offices. The DA is authorized to establish, operate, and maintain a Regional Office in each of the administrative regions of the country. Each Regional Office shall be headed by a Regional Executive Director, to be assisted by not more than three (3) Regional Technical Directors assigned to supervise any of the technical areas as may be identified by the Secretary, as follows: LGU Support and Extension, Research and Development, Fisheries, and Planning, Monitoring and Regulation.

There shall be an Assistant for Finance and Administration in each of the Regional Offices.

SEC. 33. Office of the Regional Executive Director. The Regional Executive Director (RED) shall:

(a) Exercise the functions of chief executive and administrative officer of the region. It shall be his duty, under the immediate executive control, direction and supervision of the Secretary of the Department of Agriculture, to exercise general authority on all matters embraced within the jurisdiction of the regional field unit or relating to the operations thereof, and to ensure the enforcement of laws and regulations pertaining to it;

(b) Oversee the coordination and monitoring of all plans and programs of all DA Bureaus and Attached Agencies and Corporations present in the region consistent with the implementation of the AFMA Plans and Programs;

(c) Preside over the Regional Management Committee which shall serve as the forum in the formulation of plans and project activities, coordination of its implementation, operational and outcome monitoring, and recommend to the Secretary the annual regional budgetary requirement;

(d) Employ and discharge subordinates below Division Chief levels in conformity with the provisions of the Civil Service Law and General Memorandum Orders issued by the Secretary of Agriculture;

(e) Translate national policies into regional agricultural concerns and programs in order to establish regional thrust and policy guidelines for planning purposes and for recommending policies or programs for the improvement of agricultural development and project management;

(f) Coordinate with GOs, NGOs and RAFCs that are supportive to agricultural development for the purpose of integrating program/project implementation;

(g) Propose and defend the regional agricultural plans and budget to the Regional Development Council and the Office of the Secretary;

(h) Establish efficient and effective systems in program implementation and delivery of support services;

(i) Establish controls for efficient and legal use of government resources;

(j) Generate additional resources outside of DA normal resources;

(k) Establish the programs and systems for staff development;

(l) Submit periodic reports to the Office of the Secretary regarding progress of program implementation and resources utilization; and

(m) Perform such other functions as may be delegated by the Secretary.

The RED has neither supervisory function nor line authority over his counterparts from the bureaus, attached agencies, and corporations in the region.

SEC. 34. Office of the Regional Technical Director. A Regional Technical Director (RTD) shall:

(a) Coordinate and monitor all the programs and activities, relevant to his designated function, across all agencies of the Department at the region;

(b) Assist the RED in reviewing and endorsing to the Office of the Regional Executive Directors the annual plans, programs, and budgets of the various DA regional units, bureaus, and attached agencies and corporations; and

(c) Perform such other functions as may be delegated by the Regional Executive Director.

The RTDs shall have neither supervisory nor line authority over their counterparts - heads or representatives of other DA bureaus and attached agencies and corporations - in the region.

SEC. 35. Attached Agencies and Corporations. The following agencies and corporations are hereby attached to the Department:

(a) Agricultural Credit Policy Council

(b) Cotton Development Authority

(c) Fertilizer and Pesticide Authority

(d) Fiber Industry Development Authority

(e) Livelihood Corporation and its subsidiaries

(f) Livestock Development Council

(g) National Agricultural and Fishery Council

(h) National Dairy Authority

(i) National Food Authority and its subsidiaries

(j) National Irrigation Administration

(k) National Meat Inspection Commission

(l) National Nutrition Council

(m) National Tobacco Administration

(n) Philippine Carabao Center

(o) Philippine Coconut Authority

(p) Philippine Crop Insurance Corporation

(q) Philippine Fisheries Development Authority

(r) Philippine Rice Research Institute

(s) Quedan and Rural Credit Guarantee Corporation

(t) Strategic Investments and Development Corporation and its subsidiaries

(u) Sugar Regulatory Administration

SEC. 36. Organization and Operation. The agencies and corporations attached to the DA shall continue to operate and function in accordance with their respective charters, laws or orders creating them, except as otherwise provided in this Order. Any provision of law to the contrary notwithstanding, the Secretary shall serve as Chairman of the governing boards of all attached units or agencies.

SEC. 37. Redeployment of Personnel. Any personnel of the DA may be re-deployed in accordance with the requirements of the revised organizational structure and staffing pattern and civil service rules and regulations. Such redeployment shall not result in diminution in rank and compensation of attached personnel.

SEC. 38. No Dismissal. No personnel of the DA, its offices, bureaus, and attached agencies and corporations shall be laid off or dismissed as a result of the implementation of this Executive Order. However, personnel who voluntarily opt to be separated from the service as a consequence of the implementation of this Order shall be entitled to the benefits under existing laws. In the case of those who are not covered by existing laws, they shall be entitled to separation benefits equivalent to one basic salary for every year of service or proportionate thereof in addition to the terminal fee benefits which he/she is entitled under existing laws.

SEC. 39. Implementing Authority. The Secretary shall issue such rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Order. In this respect, he shall implement the transfer, hiring, designation, and promotion of personnel in all the offices, bureaus, and attached agencies and corporations of the DA in accordance with the ABRP.

The Secretary shall undertake the necessary steps to effect the integration and ensure the continuity of relevant programs and functions of the DA, and the protection of the interests of the personnel affected by the implementation of the ABRP.

SEC. 40. Exemption. The Department is hereby exempted from the provisions of Administrative Order No. 100 (1999) regarding hiring, transfer, and promotion of personnel.

SEC. 39. Funding. The Department of Budget and Management shall expedite the approval of the staffing pattern of the ABRP, not later than fifteen (15) days from the issuance hereof, ensuring the availability of funds needed to implement the ABRP.

The amount necessary to implement the ABRP is hereby set aside for disbursement by the DA, subject to the usual accounting and auditing rules.

SEC. 40. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 10th day of January, the year of Our Lord, Two Thousand One.


(SGD.) JOSEPH EJERCITO ESTRADA

By the President:


(SGD.) EDGARDO J. ANGARA
Executive Secretary