(NAR) VOL. 11 NO.2 / APRIL – JUNE 2000
WHEREAS, Executive Order No. 191, series of 2000,
directs the deactivation of the Economic Intelligence and Investigation
Bureau (EIIB), including the termination of integration of its
employees, the transfer of its assets and the performance of its
functions by other agencies, due to redundancy and duplication of
functions;
WHEREAS, Republic Act No. 8760 appropriated
P44,922,000.00 for the specific purpose of winding up the activities and
operations of the EIIB;
WHEREAS, Republic Act No. 6656
recognizes the need to protect the security of tenure of civil service
officers and employees in the reorganization process without sacrificing
the promotion of morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service pursuant to Article
IX, B, Section 3 of the Constitution;
WHEREAS, there is a need to
maintain and coordinate certain economic intelligence operations in the
Department of Finance (DOF) and its attached bureaus and agencies;
WHEREAS,
the deactivation of EIIB and the final disposition of its personnel,
assets, and liabilities require inter-agency coordination;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Creation of Task Force.
There is hereby created a special Task Force, to be headed by the
Executive Secretary, with the Secretary of Finance, the Secretary of
Budget and Management and the Secretary of Justice as members, that
shall provide policy guidelines for the implementation of this executive
order. The implementing details for these guidelines shall be prepare
and issued by the Secretary of Finance.
Sec. 2. Transfer or Re-employment of EIIB Personnel.
EIIB personnel shall be given priority in hiring for existing vacant
positions in other government agencies, subject to compliance with
established qualification standards set by the receiving agencies. The
transfer to or re-employment of EIIB personnel with other agencies shall
be exempt from the prohibition on new hiring under Administrative Order
No. 100 dated 01 December 1999. All accrued leave credits of EIIB
personnel shall be paid within reasonable time but subject to the
availability of funds.
Sec. 3. Separation or Retirement of EIIB Personnel.
All EIIB personnel shall be deemed separated from the service effective
30 April 2000, pursuant to a bona fide reorganization resulting to
abolition, redundancy, merger, division, or consolidation of positions
in order to meet the exigencies of the service. EIIB personnel qualified
for retirement may elect optional retirement as they may deem proper.
All benefits, including payment of accrued leave credits, that may
lawfully be given to EIIB employees by virtue of their transfer,
retirement or separation from service shall be paid within reasonable
time but subject to availability of funds.
Sec. 4. Performance of Functions by Other Agencies.
Law enforcement and intelligence functions previously performed by EIIB
that relate to other agencies, such as the National Bureau of
Investigation (NBI), Bangko Sentral ng Pilipinas (BSP) and the
Department of Environment and Natural Resources (DENR), shall be
transferred to or performed by the appropriate agency; Provided, that,
the anti-smuggling activities shall remain with the Presidential
Anti0Smuggling Task Force "ADUANA", unless otherwise ordered by the
President.
Sec. 5. Transfer of Assets and Liabilities. All
assets and liabilities of EIIB, including but not limited to the
prosecution and defense of pending cases and seized goods, are hereby
transferred without cost to the DOF pending appropriate, final
disposition.
Sec. 6. Extension of Period. The special Task
Force, in coordination with other concerned agencies, is hereby given
until 30 June 2000 within which to fully implement the deactivation of
EIIB. The special Task Force shall be assisted by a skeletal force for
the task of winding-up EIIB operations and the safekeeping of its
resources. Unless otherwise transferred to other agencies, members of
the skeletal force will be deemed separated from the service due to
abolition of position pursuant to reorganization effective 30 June 2000.
Sec. 7. Support of Other Agencies.
The Task Force may request assistance from the Civil Service Commission
and the Commission on Audit and such other agencies as may be necessary
to assist in the smooth implementation of this Order.
Sec. 8. Funding Requirements.
Funds for existing vacant positions in other agencies to be filled up
by EIIB personnel, positions to be transferred to other agencies, for
the extension until 30 April 2000, and for the skeletal force shall be
sourced from agency savings or, upon request, augmented by the
Department of Budget and Management (DBM). The DBM shall give preference
to the payment of accrued leave credits, separation and retirement
benefits to EIIB personnel from the Miscellaneous Personnel Benefits
Fund. It shall also augment the DOF budget to service amortization
payments and maintenance expenses for the EIIB building/s and other
capital assets.
Sec. 9. Separability Clause. Any portion
or provision of this Executive Order that may be declared
unconstitutional shall not have the effect of nullifying other portions
or provisions of the Order for as long as such remaining portions can
still subsist and be given effect.
Sec. 10. Repealing Clause.
All executive orders, rules, regulations and other issuances or parts
thereof which are inconsistent with the provisions of this Executive
Order are hereby revoked or modified accordingly.
Sec. 11. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 20th day of May in the year of Our Lord, two thousand.
(Sgd.) JOSEPH EJERCITO ESTRADA
By the President:
RONALDO B. ZAMORAExecutive Secretary