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~.~ 11£ tlT£ Jr.eZiU.elrl
~f 1112'.i}JIlilippi112S
c:l!1tz1(IIC~"aUB

ORDER No.~L

REORGAt~IZlnG TilE 11lNlS'fRY OF L/\BOR AND E~)PLUYMEN'


~. AND FOR OIliER PURPOSES

RECALLlt-jG that the reorganization of the p.overllment i~ mandated expressly


in Article ~L".Section I (8), and Article III of the rreedol!\ Constitution;
..
HAVING IN MIND that pursuant to Executive Order No.5 (1986), it is
directed that necessary and proper changes in the orga(lizational and functional
structures of the government, its agencies and instrumentalities, be effected
in order .td promote efficiency and effectiveness in the delivery of public
services; .

CONSIDERING that it has become necessary to introduce critical structural


and functional ~h8nges itl the Ministry o( Labor and Employment t.o make it. more
responsive to the urgent demands of national economic recovery;

BELIEVING that the same Ministry has' to streamlLlle its op~ratiol1s by


rationalizing its functions, structure and organizat1on to make it more
t~ffic1.ent and effectivl~ in undertDklnp; 1 t6 pr1nc!pnl "11$1;10n of tr[il\slatlng tile
c1eclared policy of th~ stllte 011 labor into meanlng£ul prop,rams on employment
pl.'omotion, nlanpower <1~velopmellt Rnd utilization, advancement ot i ~orkers'
\./!.~lfare, provision for D decent living wa8e and otller just and humallC!
conditions of work and promotion of sound and stable illdu$trial harmony ~S
es6ebtial components of national economic recovery alld (jcve.lopments j

RECOGNIZING that women and rural workers have a vital role in nation-building,
the same Ministry has to create, promote And deveio'p the conditionsfor
their full utilization, including their protection and welfare. ..

CORAZONC.
NOW, THEREFORE,"cvepe~gn AQUiNO, hy the po~ers vested in me by thE'l1p.1.no
will of the)rder: People anc:! the FreeuollI Constitution; do 11ereuy

SECTioN 1. Title. This Executive Order s111'11 other'...lse be known{eorganizatioo


as tl1e
Acto! the Ministry of Labor end Elnployment.

SECTION 2. Reorganizntioll. 'l'he r.jlnlstry ofhereinafter


(.;l!>or and E!!lploymell t,
referred to as H1nlstry, 1s hereby reorgall ize;j, 5 truc turally and
functionally in accordallce with the provi6ions of this, Ex~cut1ve Order.

SECTION 3. Declaration of Policy. It is the decl;1ced pollcj' o[ the St;\te


to afford protecUOU-t'o-raboC-:- promote full employment, ensure equn! work
opportunitleu regardleRI1 of sex, race, ot" crcC'.d, nrlG [<'I',ulnte toe rcl.1t1oll~j
between workers and e.mploycrs. 'l'1\e State ROEll! 1\90\1(1.. tile ri~ht,B u( lll(~
workers to self-orf;8nlzAtlon,' collective l>Brr;;liI11(1!~, 6ccurity of tet.!J.lre, Ilrld
;U8 t 'and humane cotld1 [1 one of work. ' -'" .
J

M~
Jffic:e
EXECUTIVE
1
~
~ -Page 2 ---

:,;;:,'{'~~.SECTION ~.4. Mandate and Objectives. The ~Ilnistry shall be the primary
_,p'oiicy
'I
;!c:',)programming,. coordIna ting endadminis tra ti ve en ti ty of the Execu tive
'~\,Branchfof,the
.I
government in the field of labor and employment. It shall aSSUR'e
'";:tii'primary responsibility for:
~ f,;:,"i',;.

(8) The promotion of gninful employment opportullltiCIj Ill1d tile optimizAtion


of the development a~d utilization 01 the country"'s mnnpow\!r
'", :, resources;

(b) The advancement of workers' welfare by providing' lor just and humane
working conditions and terms of employment;,

(c) The maintenance of industrial peace by promoting harmonious,


..equitable, and stable empl9yment relations that assure equal
protection for the rights of 811 concerned parties.
"'~";'.i ..
',.:.~.;1;..:\fSECTION
" 5. Powers -and Functions.
~.Bhall In pursuit of its mandate, the l-linistry
have the following powers and functions:

and recommend policies, plans and programs for manpower


development, training, allocation, and utilization;

Protect and promote the intere.s.t..of every ci tizen desiring t.o work
locally or overseas by securing for him the most equitable terms and
conditions of employment, and by providing social and welfare
services;

the employment of aliens, including the establlsh~nt of a


registration and/or work permit system for such aliens;

general guidelines concerning wage and income policy;

Recommend necessary adjustments in wage structures.with a view to


deveJ.opin~ a wage system that is consistent with national economi,c .nnd
social development plans;
-<f).
Provide for snfe, decent, humane and improved w,orking conditions aud
environment for all workers, par ticularly .~o.menand young workers;

(g) Maintain harmonious, equitable- and stable l~bor relations system that
is supportive of the national economic policies and programs;

(h) Uphold the right of workers and employers to or~at1jze and to promoterelations
free' collective bargaining 85 the foundatio!l of the labor
system; ,

Provide and ensure the fair and expeditious settlen-lent and


of 'labor and
dispositionbargaining.arbitration,other industrial disputes through collectivegrievance
machinery, conciliation, mediation, voluntary
compulsory arbitration as mAY be provided by law, and
modesconcerned.
that may. be voluntarily agreed upon by the parties

Formulate
Formulate
Regulate
-Page 3 -

SECTION" "6. Minister of Labor and Employment. The authority and


t:-esponSibility for the exerCIse of themandate of the Hlnistry and for tile
discharge of its powers and functions shall he vested in the Minister of Labor
and Employment, hereinafter referred to as the Minister, who shall be appointed
by the Presidentjand who shall have supervision and control over the ~Iinistry.
For such purposes, the Minister shall have the following powers and functions:

Advise the ~President on the promulgation of executive/administrative


orders, other regulative issuances and legislative proposals on
matters pertaining to labor and employment;

(b) Formulate policies, guidelines, rules and regulations and other


issuances necessary to carry out Ministry policies, plans, programs
and projects;
. ) Issue orders,
.' \., .':'.;.;(c~!~WN£1;;..;:..~ directives, rules snd regulations and other issuances to
carry outlaDor and employment policies, plans. programs and projects;

(d) Provide overall direction, supervision, and control over all offices
under the Ministry to ensure effective and efficient implementation of
its policies, plans, programs and projects;

Coordinate with other governme-nt. .offices, labor organizatlotl~,


employers associations, ~nd any other group to carry out the mandate
of the Ministry;
*
(f) Evalu~te the policy, plans, programs and project accompl~Bhment of
the Ministry;

(8) Prepare reports for the President and for the public;

(h) Delegate authority for the perfornlnnce of any function to officers 8tld
employees of the Ministry;
..
Exercise such other powers and functions as may be provided by law or
assigned by the President. -
., c ,,
SECTION 7. Office of the l'lin-ister. The Office or the Minister shall
consist of the Minister and ffi immed~ate staff. ",'.','

SECTION 8. Deputy Minister. The Minister shall be assisted by not more


than four (4) Deputy l'linisters who shall be appointed by the President upon the
recommendation of the Minister. The Minister Is hereby authorized to delineate
and assign the" respective functional areas of responsibility of the Depu ty
Ministers, provided, that such responsibility shall be with respect to the
mandate and objectives of the Ministry; and provided, further, that no Deputy
Minister shall be assigned primarily administrative responsibilities. Within
his functional area of responsibility, a Deputy Minister shall have the
following functions:

Advise and assist the Minister in the formulation and implementation


of the Ministry's policies, plans, progrnms and projects;

Oversee the operational activitl~s of the Ministry


-Page 4 -

(c) Coordinate the programs and projects of the Ministry for efficient and
'effective administration; I

Serve as deputy for the Minister;


.
Perform, when so designated, the power and functions of the Minister,
during the latter's apsence or incapacity;

(f) Perform such other functions as may be provided by law or. assigned lJy
the Minister to promote the efficiency and effectiveness in the
delivery of public services.
:: '.: .I.:'.',
SECTION 9. Assistant Ministers. The Minister shall likewise be assisted:::::;..
.by not more than four (4) Assistant Ministers who shall be appointed by the:::~:
President upon the recommendation of the Minister. The Minister is hereby
:;i,,;;,~;\authorized .to delineate and assign the respective areas of functional
~;:i:~~;responsibili ty of the Assis tant Minis ters. wi thin his iunc tional area of
t-f\.;;I/,;;',responsibility, en Assistant Minister shall assist the Minister and Depu ty
,.';:~i"'\""'Ministers in the formulation, determination -and implementation oi laws,
,j:; policies, plans, programs and projects on labor and shall oversee the day-to-
-.'-, 'day.administrati_on end supervision of the constituent .units of the Ministry.

SECTION 10. StructuralOrganizatiot}. The Ministry shall consist of the


Ministry proper comprising the Office of' the Minister, the Office of the
Deputy and Assistant Ministers, the Services and the Staff Hureaus, and its
Regional Offices. .

SECTION 11. Planning Service. The Planning Service shall pr*ovlde the
Ministry with efficient, effective and economical services relatlnf; to
planning, programmi"ng, project developrnent and evaluation, and the devclopme[1t
and implementation of a manaRement information system.

SECTION 12. Administrative Service. 'i'he Administrative Service shall


provide the Ministry with efficient, effective and ec~nomlcal services
relating to.' record~, n'snagement, supplies, equipment, collection...)
disbursements, building administration and maintenance, security and custodl~l
work-
.., -
...¥
SECTION 13. Human Resource' Development Service. I The 1{uman Resource
Development Serv ice---s hall provide. the Ministry with a program and
corresponding projects that shall make available training, education and
development opportunities needed to upgrade the levels of competence and
productivity of Ministry managers and personnel. it shall absorb the powers
and functions. of the Administrative Service in relation to the development and
administration of personnel programs including selection and placement,
development, performance evaluation, employee relations and welfare.

SECTION 14. Financial Management Service. The Financial and ~Ianagement


Service shall be responsible for providing the Ministry with efficient,
effective and economical services relating to budgetary, financial, management
improvement and internal control matters.
SECTION 15. Legal Service. The Legal Service shall provide legal advice
and service to MInIStry officers and employees; prepare informative orclarifica
on labor laws, rules and regulations for uniform
interpretation thereof; answer legal queries from the public; assist the Office
of the Solicitor General in suits involving the Ministry or its officers or
employees or acts as their principal counsel in all actions taken in their
official capacity or other causes before judicial or administrative bodies.

SECTION 16. International Labor Affairs Service. The lntern~tional Labor


c Affairs Service ~shall be responSIble for monitoring the' observance and
1'...: imolementation of all obligations, courtesies, and facilities required by
~\~..:,;'"international labor affairs, particular 1y the International Labor Organization ~~:r.::.:
the Conference of Asian Pacific Labor Ministries, the ASEAN Labor Ministers
,,::",..~!;"\!i;~.'\.
t-1eeting of which the Philippines is a member, and related international labor
~~' i.
~'~:i';:.~;,: standards and agreements reached in vArious in terna tional labor forums,
", c."
~.,;t~;j-i'1P:,,:...\treaties,and other multila teral, bilateral or mul ti-bila teral agreemen ts in:~~f~~;
area of labor ana employment; provide staff support and policy guidelinest~:~:~~~'
to the Minis ter in the supervis ion, monl toring and repor ting of the act! vi ti es.'
" :5.;i:~',. of the Philippine overseas labor officers assigned in different countries;i;~;:;.
.serve a6 the instrumentality of the Ministry for technical cooperation,
','i... , programs and activities with other countries and interna tional ins ti tutions.
.
SECTION 17. [nformation and Publica.tlons Service. The Information and
Publication Servic~ shall. ~ responsible ~r--promoting rapport and
understanding between the Ministry and the public through the development of
public relations programs and the dissemination of accurate and updated
information on labor and employment, by means of 'publications and media
coverages of special events and related matters on the t'linistry"s poJ.icies,
plans, programs, and projects; shAll likewise be responsiule for provldlrJg
answers to queries from the public reperding the Ministry"s polillies, rules,
regulations, programs, activities and services.

SECTION 18. Bureaus. The following stoff oureaus of the Hinistr)' are
hereby retained
otherwise prov'lded and shall
herein: co(ltinue to have the same functions, excep.t. as

(#) Bureau of Local Employment


.'~
(b) Bureau of Women and Young Wor.kers i

Bureau of Rural. Workers;

Bureau of Labor Relations, which shall continue to performs its


present functions except those to be absorbed by the National
Mediation and Conciliation Board as provided under Section 29 (c)
hereof; and

Bureau of 'Working Conditions.


SECTION 19. Attached Agencies. The following agencies shall continue to
be attached to the Ministry for policy and program coordination and
administrative supervision:

(a) National Wages Council;

~
-Page 6 -

(b) 'Philippine Overseas Employment Administration;

(t.) Employees'" Compensation Commission which is hereby reorganized to


include the Executive Director of the E<':C as an ex-oficio memuer of
the Commission;

(d)?';l 1'he National ~Ianpower and Youth Council;


.-
(e) The N3tional Labor Relatio-ns Commission;

(f Th~ Welfare Fund for Overseas Workers' Administration which is hereby


:
renamed as the Overseas Workers' Welfare Administration;

(g) Training Council; and

(h) Na-tional Mari time Poly technic

SECTION 20. Ccnter for Labor Studies. There is hereby created a Center
for Labor Studies,
--
hereinafter referred to as the Center, which shall be under
the ndmlnistratlve RupcrvlG1on of th(' tllnist.er. The (':;(',ntcr sl1:111 oLs()rh t.ht~
resetlrch nnd publication functions of the Institute of LDuor and !'i111tp(')~.J('r
Stud1es which 1s hereby abolished iri accordance with Sectioll 29 ,(1,) ~ jl.c
Center, to be headed by fin 1:~xccut1ve Uir('.ctor, assisted by a Deputy Exccutive
Director, shall have the following' futlctiol1S:

(a) Undertake research and in all areas of labor and


policy and administration;

Review the rationale of existir.g legislation and regulations and


(b)
analyze ,the costs involved in the implementation of such legislat1o!1
against the benefits expected to be derived;

Study and develop innovative and indigenous approaches towards the


(c)
prom~tion of harmonious and productive labor-management relations and
.the improvement of workers' welfare services;

(d) Develop and undertake research programs anq projects in coflatJoration


with other national ageccies to enhance the ~:inistrY'$ capability to
participate in national decision and policy n!ak1ng;

Enter into agreements with international or bilateral agencies f01- the


(e)
carrying out of the foregoing functions;

(f) Expand the scope of its research interests into other countries and
regions;
Publish its 'research studies for dissemination to government as well
(g)
as to all concerned parties; and

(h) Perform such other functions as may be provided by law or assigned by


the Minister.

Maritime
studies
manpower
SECTION 21. Bureau of Labor 'and Employme~t Statistics. A Bureau of Labor
and. Employment StatisticsiShereby-created and shall absorb the functions of
the Labor I
Statistics Servi~e which is hereby abolished in accordance with
Section 29 (b). The Bureau shall have the following functions:

Formulate, develop and implement plans and programs on the labortimely,


statistic,al system in order to provide the government with
accurate and reliable data on labor and employment.

Conduct nationwide surveys and studies which will generate trends and

.
structur~s on labor and employment.

Develop and prescribe uniform statistical standards, nomenclatures and


methodologies for the collection, pr'ocessing, presentation and
analysis of labor and employment data.
..
Establish .appropriate mechanisms for the coordination 'of all
statistical activities in the Ministry and for collaboration with
other government and private agencies lncludi.nf. internat1.onal research
organizations in the conduct of surveys and studies in the area of
labor and employment.

Disseminate statistical inforU1a.tion and provige statistical


services/advice to the users by. establisllinl~ a data bank and issuing
the Bureau's statistical materials and research findings.

Develop and undertake progralns end projects Reared towards the


enhancement of the technical competence of the ~11nlstry on t/1(~orles,
techniques and methodologies for the improvement of .the lr1oor
statistical system.

(g) Monitor and exercise technical supervision over the statistical units
in the. Ministry and its agencIes..

(h) Perfo"rm such other functions as may be provided by law or assigned by


the Minister.
-
.'~SlCTION 22. National Conciliation and Mediation I~oard. A Nationlll
'
Conciliation and Mediation Board, herein referred t,Q..as the "Board", is herel,y
created and which shall absorb the conciliation;' 'mediation and voluntary
arbitration functions of the Bureau of Labor Relations in accordance with
Section 29 (c) hereof. 'The Board shall be composed of an Administrator and two
(2) Deputy Administrators. It shall be an attached agency under the
administrative. supervision of the Minister of Lahor and Employment.

'..; The Administrator and the Deputy Administrators shall be appoin~ed by the
President upon recommendation of the Minister of Labor and Employment. 'I'here
shall be as many Conc~liators-Nediators as the needs of the public service
require, who shall have at least three (3) years of experience in handling
labor relations and who shall be appointed by the President upon recommendation
of the Minister.

~
Th~ Board shall have its main office in Metropolitan Manila and its
Administrator shall exercise supervision over Conciliators-Mediators and all
its personnel. It shall establish ss many branches ss there nre
administrative 'regions in the country, with as many Conciliators-Mediators as
shall be necessary for its effective operation. Each uranch of the Board shall
be headed by an Executive Conciliator-Mediator. .

~,
I)... The Board shall have the following functions:

Formulate policies, programs, standards, .procedures, manuals of


..';~:l~...:?;';.~. operatiun and guidelines pertaining to..., effective mediation Dlld
"::;',;: cQtlciliation of labor disputes;

Perform preventive 'mediation and conciliation functions;

C.cordinate and maintain linkages with other sectors or institutions,


"",:r';Y')'M'f::,~r!.I..J". and other .government authorities concerned with matters relative to
the prevention and settlement of labor disputes;
,

~!,:'\,.., "':,,;", (d) Formulate policies, plans, programs, standards, procedures, manuals of
;;l:;(;;;:~:'::";~~";:::;,':,
.
operation and guidelines pertaining to the promotion of cooperative
and non-adversarialschemes, grievance handling, voluntary
arbitration and other voluntary.modes of dispute settlement;

(e) Administer the voluntary arbitration program; maintain/update a list


of voluntary arbitrations; compile arbitration awards and decisions;

(f) Provide counselling and preventive mediation assistance particularly


in the administration of collective agr~ements;

(g) Monitor and exercise technical supervision over the Board programs
being implemented in the regional offices; and

(h) Perf.orm such other functions as may be provided by law or assignPyd by


the' Minster. ~/ .

.s,ECTION 23. }'rnnsfer. lhe Nntional Productivi ty Colnmission is hereby


transferred from the National with Economic lJevelopmentAuthor1ty 'I'he and attached
theMlnistry in accordance Section 29 (c) her~gf.. ' Commission shallt'o

primarily deal with productivity promotion and enhancement, education and


training, coordination/monitoring, funding and the conduct of special and
policy studies directly 'related to its activities. It shall have the Minister
of Trade and Industry as Chairman and the Minister of Labor and Employment as
Vlce-Chairman~ -

SECTION 24. Regional Offices. The Ministry 1s hereby authorized to


establish, operate and maintain such ministry-wide Regional Offices in each of
the administrative reg~ons of the country, insofar as necessary, which shall be
headed by a Regional Director who shall have supervision and control thereof.
The Regional Director, whenever necessary, shall be assisted by ~ll Assistant
Regional Director. A Regional Office shall have, within its regional area, the
following functions:

(a) Impleoent laws, policies, plans, programs, projects, and


regulations of the Ministry;

rules
(b) Provide economical, efficient and effective service to the people;

(c) Coordinate with regional offices of other ministries and agencies;

Coordinate with local government units; and


", .1'~~'~,:":;.'
~i (e)
...'
Perform
te
h Hi i such other ,,;:,:,,~"';
nster.
functions . as may be provided by law or assigned
.
IJY..""',,.
~~~;~!~'j';~,::..;~..:..:,
: : .
~!~,:it~~~;.;:;;i~.;;':';;;SECTION.;25." .~ Structu~~ ~ Patter~. Upon approval of this Executive
f:i,,~,Yt;..Order;
.! " ". .I. ,the 'officers and employees of the. Ministry shall in a hold over
;:!~:~+'~~~,capac1ty,'(:ontinue to perform their respective duties and responsibilities and
1;tli!;:'~;J1receive the corresponding salaries and benefits unless in the meantime they
~;i!.;.~';:;'::are:separated,from government service pursuant to Executive Order No. 17 (1986)
F~.::c;:-,.'or ,.Article III 'of the Freedom Constitution.
),!",.."
..":'I"~"
~r~'\"""'i ffl' t "'".~
"""'.'-.I;':'r""'~'_" ,.' , '. "
.
~~~f?~'The new position. structure and staffing pattern of the Ministry shall ue
i;;;j:~I~:~~"approved and prescribed by the Minister for the Ministry within one hundred
~~":'!;i~;:j;twenty (120) days from the approval of this Executive Order and the authorized
"'.'r,".'
:,:;,~'\~!:":j:'c
positions created thereunder shall be f iiled with regular appointments by him
~;i::t~"'1.or."'by the President as the case may be. Those incumbents whose positions are
'::;;.';:~...i'..not:included therein or who are not reappoit1ted shall be deemed separated from
!';:.,';'..;"':
the " service. Those separated from the service shall receive the retlremellt
';\::;~: benefits to. which they may be entitled under existing laws, rules and
~~.~ regulations.:: Otherwise, .they shall be paid the equivalent of one-month basic
;~:.!:;'.~.salary for every year of service, or the equivalent nearest fraction thereof
I ~:':"'favor~ble to them on the basis of the highes t salary received, bu t in no case
~::~;';:"shall: such payment exceed the equivalent of 12 months salary.
'.
~
No court or administrative body shall issue any writ or preliminary
injunctions or .restraining order ~o enjoin the separation/replacement of any
officer or employee affected under this Executive Order.
,. ,
SECTION 26. Prohibition Against [teorganizational Change. 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
y -
delivcry of public services. °,

.SECTION 27. Funding. Funds needed to carry out the provisions o.f this
Executive
".
Order shall
I
be, .
taken from funds available in the Ministry..

~ SECTION 28. Implementing Authority of Minister. The l'iinister sh all issue


such rules, regulations and other issuances as may be necessary to ensure the
effective
.. implementation of the provisions of this Executive Order.

SECTION29. abolition/transfer ofrules


entity/functions as the following
shall be observed:

(a) Any transfer of entities shall include the functions, appropriations,


funds, records, equipment, facilitIes, other properties, assets, and
liabilities and of the transferred entity as well as the personnel
thereof as may be necessary, who shall, in a hold over capacity,
continue to perfor'm their respective duties and responsibilities and
.,t' ~ "','.~'(;~;;"~~>;!:':,;:;~?f':;;:.:::;:

I" ,'c,,..'',,(; ,. .. receive the corresponding salaries and benefits unless in the meantime
~:.,,:::;.:;;'::~::;,i;~~~:7'::'::f
.-'they are separated from' government service pursuant to Executive"':;'~",;~:..~~~
' "', '. ,.,., " Order No. 17 (1986) or .Article III of the Freedom Constitution. Thosc
;:;;"~;;'~~":'I~~";"""personnel from the transferred entity whose positions are not includcd
';!:;~:i:;.~'~i:);,:~~;:;:;
in the new position structure and staffing pattern approved by the
;:"~;"."J,,J:~:(.;~.:.;.j,Mini8teror who.sre not reappointed shall be entitled to the benelils
'I',!:-:,'.:;::~!:;~.;~~.i;~::i:,'
'. provided in the second paragraph of Section 25 hereof.
...:.-.) :': ".' ,

~~r~l::'i~.:~,,~~':;'""~.'-.',..
':~':;~i;~"'::~:\.::(b), Any transfer of functions which results in the abolition of the entl ty
:[;~~\;~:;~~r:'~;,~:!~:'iJ~~~;,tt:_':;~
that '. has exercised such transferred functions shall include as may be
i~.i);!~~tf~:.i\~;~;:::~)~~;::.:i:nece~sary, to the proper discharge of the transferred func tions, the
~.;~:~.~~;:n';i~'i",~,:,;:;:"app~opriations, funds, records, equipment, facilities, other assets,
f~~rt,i?~{f:~~~f.:';::i:'7:" and:' personnel of, the entity from which such func tions have been
~~.,~~::..t"':~;::~f,,:~{:1.'::;,:. transferred. The' remaining appropriations and funds shall revert to
~:{~~t{:;i~~f:!~~~J~;!;:;::;: the General Fund and the remaining reco:rds, equipment, facilities and
~i1.;,~~,;.~,;,;;~;~:..;;:. ?~~~r -Q.!.~e.t.s shall be allocated to such appropriate units as the
~~~,~~.~~..'t;1';:::~~_~_ster 8h~1 determine or otherwise shall be disposed of, in
~lfr;~,.;;:
.~,..." ..'.., '.: ' accordance with the Audi tins Code and other pertinent laws, rules and
:.;,::,~::: .:i:.,';;~:;:~:.
, .",' regulations. The liabilities, if any, of the abolished entity shrill
';~~,ii';,:;:',"~.'.':
..' ,.'.., ," ,0.. be treated likewise in accordance with the Audi ting' Code and other
';;..'t"':~:,:,\r.;::'
., '..' . pertinent laws, rules and regulations. Incumbents of the abolished
:fi:,';, :,',:;:'o;:::~~':",. entity shall, in a hold over capacity con~inue to per~orm their
;:::;';~':'~':..:;,;;:'" respective duties and responsIu.i..lities and receIve the corresponding
;;':;":'o:'::;::i~':i;;!r:i;;,"~' salaries and benefits unless in' the meantIme they are separated from
~I:;:~',::"',,;,::,:,,;~:",,:"
..' .' '" ;'., government service pursuant to Executive OJ:der No. 17 (1986) or
i'.:~;.~',,:~;.';,,',;i': Article III of the Freedom Constitution. Any such personnel whose
:'~~!'o'j.~:!~i'~"~;'i::~.;::1';" position is not included in the new position structure and. staffing
""('i;,;;j:~;.::"';;:' pattern approved by the Minister or who is not reappointed shall tJe
:::;':,;:;;'',:,i':' entitled to the benefits provided in the second paragraph of SectIon
::::;t:::~;~:;{:t1.;.' 25 hereof. ~

.:(c) Any transfer of functions which do~s, not result in the abolition of
the entity that has exercised such tran-sfer~ed functions shall incl:ude
the appropriations, funds, records, equipment,facilities, other a.~sels
as well as the personnel of the entity from which such functions have
.been transferred that are necessary to the proper discharge of such
:.:i ..,..o;j~
" ~"
~ '~. "';'..
transferred functIons. 'I'he lIabilities, if any, which have bcen
.~, II
Incurred In connection wIth the dIscllarRe of the trallsferred functions
,"
shall be allocated in accordance wi th tiie..::o Audi ting Code alld tile
pertinent laws, rules and regulations. Such personnel shall, in a
hold over capacity, continue to perfot'lil their respective duties ar.d
responsibilities and receive the cort'esponding salaries and benefits
unless in the meantime they at'e separated from government set'vlce
pursuant to Executive Order No. 17 (1986) or Article III of the
Freedom Constitution. Any such pe'rsonnel whose position is not
included in the new position structure and staffing pattern approved
by the Minister or who is not reappointed shall be entitled to Lhe
benefits provided in the second paragraph of Section 25 hereof.

(d) In case of the abolition o! an entity which does nol rt'sult 1n tIle
transfer of its functions to another etltily, the appropriatiCJI\s nnd
funds of the abolished entity shall revert to the General Fund, while
the records, equipment, facilities and other assets thereof shall be
allocated to such appropriate units as the Minister shall determine
or otherwise shall be disposed of in accordance with the Auditing Code

~~~~:~:
i~11;~~t;,
."...ld other pertinent laws, ,rules and regulations. 'lhe liabilities, if
~!;.. any, of the abolished entity shall Qe treal~d in accordance with the
1';.:;;}~';l(~;f,;;:,:';c Audi ting Code and other per tinent laws, while the personnel thercof
~.)'--::~.~~\:t;~'\~~;';i;:,,'shall be entitled to the benefits provided in the second paragraph of
';;
.''...,.,.,,~;,!;;'!~.j::?;;t(..~
"-;"t""""::':"":":'i.Sec ti on 25 he r e of .i~:::;':
,:: .;
c';i:..;.,. :!:i,;:§ECTION:30. Change £!. ~omenclature~. In the event of the adoption of a
::i,:;ii: new':,.':Constitution which provides for a presidential form of government, the)!,~;;:'.,;::~
'Department of Labor and Employment and the titles of
\~,~.;..;~\..Minister~:J;;;Deputy
'.,' c, , Minister, and Assistant
..~.~I,r,~;~~,Secr~~a~y~,'j,Yn,de~;;;Secretary, Minister shall be ',changed to
,and Assistant Secretary, resp.ectively.
c.' , ,;:!~:~i,i;;~:~,';)'1;,j::;:;SECTlON

).,,1!.:,,', '-
'c3r~'~!; Notice or Conse n t Requ i remen t. I f any reor gani za tional change
,;.~:i.\',~:;j:hereln;authorized is of such substance or materiality as to prejudice third
~~~:~~,;;~~('persons:, with' rights recognized by law or contract such that notice to or

:r.t,cf"";,, ,

;q)~;~~,"f~nsent of., creditors is req-uired to be mad~ or obtained pursuant to any~j~~!~~~


e'ntered into with any of such creditors, such notice or :ClnSe!l,t~.eqUire
shall be" complied with prior to the implementationot sucn
!~;l'b~t~:reorganiza tional change.~:~:;;:t;;;;;~:i~':~i,'l~;;~,":':
'" .' ' .
:'::';;;..'i}!"':":;'\',SECTION 32. Separabilit~ ~lause.' Any portion or provision of this
.::;!:;":,:Executive Order that may declared unconstitutional shall not have the effect of
~;::.:;;::;,nullifying "other portions or provis1.ons. hereof as long as such remaining:':::\.,:iporti
or provisions can still subsist 'and be given effect in their entirety.~'~~;;~7;"".
,

SECTION 33. Repeali,ng Clause. All laws, ordinances, rules, regulations,


':~,issuances or-parts there~ which are inconsis tent wi th this Execu tive
ate hereby repealed or modified accordingly. .
, ,:!SECTION '3_4. Effectivity.
This Executive Order shall take effect
1,m,mediately upon 1 ts approval '.

APPROVED in the City of Manila, Philippines, this .3nth- of


day
JanUary, in. the Year of Our Lord, Nineteen llundred and EightY-Seven. .

.1
.;;6',
By the President:

"~~R'OYO
~~~~~ve
. Secretary,

y.
,:~;.'~~-;:~~

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