[ EXECUTIVE ORDER NO. 290, September 22, 2000 ]
STREAMLINING THE STRUCTURE AND FUNCTIONS OF THE DEPARTMENT OF AGRARIAN REFORM AND FOR OTHER PURPOSES
WHEREAS, Presidential Proclamation No. 131 and Executive Order No. 229 both dated July 22, 1987 instituted a Comprehensive Agrarian Reform Program (CARP) and provided the mechanisms for its implementation;
WHEREAS, Executive Order No. 129-A dated July 26, 1987 reorganized and strengthened the Department of Agrarian Reform in order to carry out its mandate;
WHEREAS, Republic Act No. 6657, approved on June 19, 1988, redefined the scope of the Comprehensive Agrarian Reform Program and re-emphasized its purpose/objective which is to ensure that the welfare of the landless farmers and farmworkers will receive the highest consideration to promise social justice and to move the nation towards sound rural development and industrialization;
WHEREAS, there is a need to rationalize, re-align and streamline the present organization structure and functions of the Department in order to respond to the new thrusts as spelled out under RA 6657, to meet the challenges of the global and modernizing economy and to attune itself to emerging local and international development imperatives and deliver its services to its clientele with greater efficiency and effectiveness;
WHEREAS, Section 20, Chapter 7, Title I, Book II of Executive Order No. 292 series of 1987, otherwise known as the Administrative Code of 1987, empowers the President of the Philippines to exercise such powers and functions as are vested in him under the law;
WHEREAS, Section 76 of the General Provisions of RA 8760, otherwise known as the General Appropriations Act of 2000, empowers the President to direct changes in organization and key positions of any department, bureau or agency;
WHEREAS, Section 78 of the same Act provides, among others, that the heads of departments, bureau, offices and agencies and other entities in the Executive Branch are directed to conduct a comprehensive review of their respective mandates, functions, programs, projects, activities and systems and procedures; identify activities which are no longer essential in the delivery of public services and which may be scaled down, phased down, or abolished; and adopt measures that will result in the improved overall performance and productivity of their respective agencies;
WHEREAS, Section 32 of Executive Order No. 129-A provides that No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services ;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the power vested in me by law, do hereby order the following:
SECTION 1. Mandate. The Department of Agrarian Reform shall continue to pursue its mandate and exercise its powers as provided for under RA 6657 otherwise known as the Comprehensive Agrarian Reform law (CARL) and of Executive Order No. 129-A dated July 26, 1987 of Agrarian Reform and for Other Purposes.
SEC. 2. Preparation of a Rationalization and Streamlining Plan. In view of the functional and operational redirection in the DAR and to effect efficiency and effectiveness in its activities, the Department shall prepare a Rationalization and Streamlining Plan (RSP) which shall be the basis for the intended changes. The RSP Plan shall contain the following:
The RSP shall be submitted to the Department of Budget and Management for approval before the corresponding shifts shall be affected by the DAR Secretary.
SEC. 3. Redeployment of Personnel. The redeployment of officials and other personnel on the basis of the approved RSP shall not result in diminution in rank or in compensation or both, of existing personnel. It shall take into account all pertinent Civil Service Laws and rules and regulations.
SEC. 4. Funding. The financial resources needed to implement the Rationalization and Streamlining Plan shall be taken from funds available in the DAR, provided that the local requirements for the implementation of the revised staffing pattern shall not exceed available funds for Personnel Services.
SEC. 5. Separation Benefits. Personnel who opt to be separated from the service as a consequence of the implementation of this Executive Order shall be entitled to the benefits under existing laws. Those who are not covered by existing laws shall be entitled to separation benefits equivalent to one (1) month basic salary for every year of service or proportionate share thereof in addition to the terminal benefits which the employee is entitled to under existing laws.
SEC. 6. Implementing Authority. Following the approved RSP, the DAR Secretary, in addition to his authority to implement the RSP is hereby authorized to determine the type of agencies and facilities necessary to carry out the Department s mandate and powers, including the pilot testing of programs following strictly the principles of efficiency and effectiveness.
SEC. 7. Transition Mechanism. Pending approval of the RSP, the DAR Secretary is hereby authorized to adopt such interim structures and mechanisms, including but not limited to, detailing, reassigning and/or designating such number of critical officials and personnel who will be needed to ensure a smooth transition towards the new organization thrusts, policies and structures, provided that such detail, reassignment and/or designation shall be guided by the provisions of the Civil Service Law on the matter;
SEC. 8. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirely.
SEC. 9. Repealing Clause. All other orders, memorandum circulars, rules and regulations, and other issuances inconsistent with this Executive Order are hereby repealed or modified accordingly.
SEC. 10. Effectivity. This Executive Order shall take effect immediately.
Done in the City of Manila this 22nd day of September, in the year of our Lord, two thousand
By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary
WHEREAS, Executive Order No. 129-A dated July 26, 1987 reorganized and strengthened the Department of Agrarian Reform in order to carry out its mandate;
WHEREAS, Republic Act No. 6657, approved on June 19, 1988, redefined the scope of the Comprehensive Agrarian Reform Program and re-emphasized its purpose/objective which is to ensure that the welfare of the landless farmers and farmworkers will receive the highest consideration to promise social justice and to move the nation towards sound rural development and industrialization;
WHEREAS, there is a need to rationalize, re-align and streamline the present organization structure and functions of the Department in order to respond to the new thrusts as spelled out under RA 6657, to meet the challenges of the global and modernizing economy and to attune itself to emerging local and international development imperatives and deliver its services to its clientele with greater efficiency and effectiveness;
WHEREAS, Section 20, Chapter 7, Title I, Book II of Executive Order No. 292 series of 1987, otherwise known as the Administrative Code of 1987, empowers the President of the Philippines to exercise such powers and functions as are vested in him under the law;
WHEREAS, Section 76 of the General Provisions of RA 8760, otherwise known as the General Appropriations Act of 2000, empowers the President to direct changes in organization and key positions of any department, bureau or agency;
WHEREAS, Section 78 of the same Act provides, among others, that the heads of departments, bureau, offices and agencies and other entities in the Executive Branch are directed to conduct a comprehensive review of their respective mandates, functions, programs, projects, activities and systems and procedures; identify activities which are no longer essential in the delivery of public services and which may be scaled down, phased down, or abolished; and adopt measures that will result in the improved overall performance and productivity of their respective agencies;
WHEREAS, Section 32 of Executive Order No. 129-A provides that No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services ;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the power vested in me by law, do hereby order the following:
SECTION 1. Mandate. The Department of Agrarian Reform shall continue to pursue its mandate and exercise its powers as provided for under RA 6657 otherwise known as the Comprehensive Agrarian Reform law (CARL) and of Executive Order No. 129-A dated July 26, 1987 of Agrarian Reform and for Other Purposes.
SEC. 2. Preparation of a Rationalization and Streamlining Plan. In view of the functional and operational redirection in the DAR and to effect efficiency and effectiveness in its activities, the Department shall prepare a Rationalization and Streamlining Plan (RSP) which shall be the basis for the intended changes. The RSP Plan shall contain the following:
| a) | the specific shift in policy directions, missions, visions, core values, functions, programs and service delivery processes and strategies; |
| b) | the structural and organizational shift, stating the specific functions and activities by organizational unit and the relationship of each units; |
| c) | the staffing shift if any, highlighting and itemizing the existing filled and unfilled positions; and |
| d) | the resource allocation shift, specifying the effect of the streamlined set-up on the agency budgetary allocation and indicating where possible, savings that have been generated. |
The RSP shall be submitted to the Department of Budget and Management for approval before the corresponding shifts shall be affected by the DAR Secretary.
SEC. 3. Redeployment of Personnel. The redeployment of officials and other personnel on the basis of the approved RSP shall not result in diminution in rank or in compensation or both, of existing personnel. It shall take into account all pertinent Civil Service Laws and rules and regulations.
SEC. 4. Funding. The financial resources needed to implement the Rationalization and Streamlining Plan shall be taken from funds available in the DAR, provided that the local requirements for the implementation of the revised staffing pattern shall not exceed available funds for Personnel Services.
SEC. 5. Separation Benefits. Personnel who opt to be separated from the service as a consequence of the implementation of this Executive Order shall be entitled to the benefits under existing laws. Those who are not covered by existing laws shall be entitled to separation benefits equivalent to one (1) month basic salary for every year of service or proportionate share thereof in addition to the terminal benefits which the employee is entitled to under existing laws.
SEC. 6. Implementing Authority. Following the approved RSP, the DAR Secretary, in addition to his authority to implement the RSP is hereby authorized to determine the type of agencies and facilities necessary to carry out the Department s mandate and powers, including the pilot testing of programs following strictly the principles of efficiency and effectiveness.
SEC. 7. Transition Mechanism. Pending approval of the RSP, the DAR Secretary is hereby authorized to adopt such interim structures and mechanisms, including but not limited to, detailing, reassigning and/or designating such number of critical officials and personnel who will be needed to ensure a smooth transition towards the new organization thrusts, policies and structures, provided that such detail, reassignment and/or designation shall be guided by the provisions of the Civil Service Law on the matter;
SEC. 8. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirely.
SEC. 9. Repealing Clause. All other orders, memorandum circulars, rules and regulations, and other issuances inconsistent with this Executive Order are hereby repealed or modified accordingly.
SEC. 10. Effectivity. This Executive Order shall take effect immediately.
Done in the City of Manila this 22nd day of September, in the year of our Lord, two thousand
(Sgd.) JOSEPH EJERCITO ESTRADA
By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary