[ ADMINISTRATIVE ORDER NO. 2, December 16, 2022 ]
AUTHORIZING THE ONE-TIME GRANT OF RICE ASSISTANCE TO ALL GOVERNMENT EMPLOYEES AND WORKERS FOR FISCAL YEAR 2022
WHEREAS, the Administration recognizes all employees and workers in government for their collective and unceasing participation in and invaluable contribution to the efficient and responsive delivery of services to the public, especially in the midst of the COVID-19 pandemic;
WHEREAS, the grant of assistance in the form of rice to workers and employees in government will help mitigate the effects of the current socio-economic challenges in their respective households;
WHEREAS, the benefit to be gained from the grant of the said assistance will be two-fold as it will not only benefit those working in the government but will also result in better economic opportunities for those in the agricultural sector;
WHEREAS, the grant of rice assistance will not only benefit our public servants, but also boost domestic production and help local Filipino farmers, consistent with the policy of the Administration towards economic recovery and transformation;
WHEREAS, Section 5 of Presidential Decree No. 1597 (s. 1987) provides that allowances, honoraria and other fringe benefits which may be granted to government employees, whether payable by their respective offices or by other agencies of govenrment shall be subject to the approval of the President, upon recommendation of the Secretary of the Department of Budget and Management (DBM);
WHEREAS, under Item XXXVIII (Special Provisions) of Republic Act (RA) No. 11639 or the "General Appropriations Act for Fiscal Year (FY) 2022," Contingent Fund covers the funding requirements of new or urgent activities or projects of national government agencies (NGAs), government-owned or -controlled corporations (GOCCs), and local government units (LGUs) that need to be implemented or paid during the year;
WHEREAS, pursuant to RA No. 11203, the National Food Authority (NFA) shall maintain sufficient rice buffer stock to be sourced solely from local farmers, and to dispose of the same as may be necessary, provided that storage, sale and distribution of stocks shall be done in accordance with existing rules and regulations; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus and offices;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by the virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Rice Assistance for National Government Employees and Workers. This Order authorizes the grant of a one-time assistance at a uniform quantity of twenty-five (25) kilograms of rice for each of the following personnel of the National Government:
a. Civilian personnel in NGAs, including those in state universities and colleges (SUCs), GOCCs, government financial institutions (GFIs), government instrumentalities with corporate powers, and government corporate entities, occupying regular, contractual, or casual positions;
b. Military personnel of the Armed Forces of the Philippines under the Department of National Defense, and uniformed personnel of the Philippine National Police, Bureau of Fire Protection, and Bureau of Jail Management and Penology under the Department of the Interior and Local Government, the Bureau of Corrections under the Department of Justice, the Philippine Coast Guard under the Department of Transportation, and the National Mapping and Resource Information Authority under the Department of Environment and Natural Resources; and
c. Individuals and groups of people whose services are engaged through job orders (JO), contracts of service (COS), or others similarly situated as defined under Sections 6.2 and 6.3 of the Commission on Audit-DBM Joint Circular (JC) No. 2 dated October 20, 2022, as amended.
Section 2. Conditions on the Grant of Rice Assistance. The grant of rice assistance shall be subject to the following conditions:
a. The beneficiaries are government employees and workers under Section 1 hereof; and
b. The beneficiaries are still in the government service and/or engaged by government agencies as of 30 November 2022.
Section 3. Exclusion from the Grant of Rice Assistance. The following are excluded from the grant of rice assistance:
a. Consultants and experts engaged for a limited period to perform specific activities or services with expected outputs;
b. Laborers engaged through job contracts (pakyaw) and those paid on piecework basis;
c. Student workers and apprentices; and
d. Workers hired through institutional contract of service who are assigned in government agencies.
SECTION 4. Funding Source of Rice Assistance for Employees and COS/JO Workers in the National Government. The funding source for the grant of the rice assistance to National Government employees and workers shall be governed by the following:
a. For NGAs, including SUCs, and military and uniformed personnel, the amount required shall be charged against the Contingent Fund under RA No. 11639, subject to compliance with relevant laws, rules, and regulations; and
b. For GOCCs, the amount required shall be charged against their respective approved corporate operating budgets (COBs) for FY 2022 only; and
Section 5. Rice Assistance for Employees in the Legislative and Judicial Departments and Other Offices Vested with Fiscal Autonomy. Employees of the Senate, House of Representatives, Judiciary, Office of the Ombudsman and Constitutional Offices vested with fiscal autonomy may likewise be granted by their respective heads of office a one-time rice assistance at a uniform quantity of twenty-five (25) kilograms of rice each, chargeable against the available release allotment of their respective agencies, subject to the conditions set in Section 2 hereof. Should the identified funding source prove insufficient to cover the maximum allowable quantity of rice assistance, a lower but uniform quantity thereof shall be given to all qualified employees of the agency or GOCC concerned.
Section 6. Rice Assistance for Employees and COS/JO Workers in LGUs. Employees and workers in LGUs, including those in the barangays, may likewise be granted by their respective sanggunians, a one-time rice assistance at a uniform quantity of twenty-five (25) kilograms of rice each, depending on the LGU's financial capability, subject to the pertinent provisions under RA No. 7160 or the "Local Government Code of 1991," and the conditions set forth under Section 2 hereof, chargeable against their respective FY 2022 local government funds. Should the identified funding source prove insufficient to cover the maximum allowable quantity of rice assistance, a lower but uniform quantity thereof shall be given to all qualified employees of the LGU concerned.
Section 7. Rice Assistance for Employees and COS/JO in Local Water Districts (LWDs). Employees and workers in LWDs may likewise be granted by their respective Board of Directors (BOD) a one-time rice assistance at a uniform quantity of twenty-five (25) kilograms of rice each, chargeable against their respective BOD-approved FY 2022 COBs only, subject to the conditions set forth under Section 2 hereof. Should the identified funding source prove insufficient to cover the maximum allowable quantity of rice assistance, a lower but uniform quantity thereof shall be given to all qualified employees of the LWD concerned.
Section 8. Rice Allowance for Employees and COS/JO in Agencies Exempted from the Coverage of RA No. 6758, as Amended. NGAs and GOCCs exempted from the coverage of RA No. 6758, as amended, or the "Compensation and Position Classification Act of 1989," may also grant rice assistance to their employees and workers at a uniform quantity to be determined by their governing boards or agency heads, which shall not exceed twenty-five (25) kilograms of rice each, chargeable against the NGA's available funds and the GOCC's FY 2022 COB, subject to the conditions set forth under Section 2 hereof. Should the identified funding source prove insufficient to cover the maximum allowable rice assistance, a lower but uniform quantity thereof shall be given to all qualified employees of the concerned agency.
Section 9. Implementing Guidelines. Within ten (10) days from the effectivity of this Order, the NFA, in consultation with the Department of Agriculture and the DBM, shall issue the necessary guidelines to effectively implement this Order, including the efficient and effective mechanisms for the distribution of the abovementioned rice assistance.
Section 10. Repeal. All other issuances, administrative rules and regulations, or parts thereof, the other provisions not affected thereby shall remain valid and subsisting.
Section 11. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 12. Effectivity. This Order shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.
Done in the City of Manila, this 16th day of December, in the year of Our Lord, Two Thousand and Twenty-Two.
(SGD.) FERDINAND R. MARCOS, JR
By the President:
(SGD.) LUCAS P. BERSAMIN
Executive Secretary