Times, May 20, 2005
SEC. 3. Rationalization and Service Delivery Improvement Framework. The conduct of the strategic review by the Department Secretaries of their respective operations and organization shall be guided by the following framework:
- Focusing government efforts and resources on its vital/core services; and
- Improving the quality and efficiency of government services delivery by eliminating/minimizing overlaps and duplication, and improving agency performance through the rationalization of service delivery and support systems, and organization structure and staffing.
SEC. 4. Preparation of a Rationalization Plan. The Department Secretary shall prepare a Rationalization Plan for the whole Department, including the agencies and government-owned and/or controlled corporations (GOCCs) attached to or under its administrative supervision. The Plan shall be prepared in accordance with the strategic plan of the Department and shall contain the disposition of its functions, programs, projects, activities. organizations units, agencies, staffing and personnel. Such Plan shall indicate the following information:
- Focus government efforts on the exercise of its fundamental functions of establishing and providing the appropriate social, political and economic environment within which development can prosper;
- Transform the bureaucracy into an effective and efficient institution for the delivery of core public services; and
- Ensure the long term sustainability of core government services through resource mobilization and cost-effective public expenditure management.
SEC. 5. Submission of the Rationalization Plan. The Rationalization Plan shall be submitted to the Department of Budget and Management (DBM) for review, to ensure its consistency with the objectives of this effort, and subsequent submission to the President for approval.
- The core functions, programs, activities and services of the Department and its units/agencies;
- The specific shift in policy directions, functions, programs, projects, activities and strategies, indicating the phasing of the intended shifts;
- The functions, programs and projects which would be scaled down, phased out or abolished such as:
- Those that duplicate or unnecessarily overlap with other programs, activities, and projects within the Department and its attached agencies and with other government entities;
- Those that are not producing the desired outcomes, no longer achieving the objectives and purposes for which they were originally designed and implemented, and/or nor cost efficient and do not generate the level of physical and economic returns vis-a-vis the resource inputs,
- Those are redundant/outdated or no longer relevant to the accomplishment of the major final outputs of the department/agency;
- Those that directly compete with those of the private sector that can be done more efficiently and effectively by said sector; and
- Those which have been devolved to local government units.
- The functions, programs and projects where more resources would be channeled such as:
- Those that directly support core/frontline services;
- Those that are directly involved in the social, economic and political empowerment of the people, or those that promote private sector initiative;
- Those that contribute to the creation of livelihood or employment opportunities, and an environment conducive to investment and entrepreneurship, and productivity; and
- Those that directly contribute to the ultimate societal outcome objectives of the National Government and/or the intermediate/sector/sub-sector/organizational outcome objectives of the agency.
- The resulting structural and organizational shift, stating the specific changes in the units/agencies of the Department;
- The staffing unit, highlighting the changes to be made in the staffing pattern and personnel of the Department and its agencies, as well as the organizational strengthening strategies that need to be implemented.
- The resource allocation shift, specifying the effects of the streamlined setup on the budgetary allocations of the Department and its agencies; and
- The internal and external communication plan, indicating the specific methods and strategies employed/being undertaken in conveying the rationalization process to the personnel who may be affected and to other stakeholders.
8.1. Remain in government service, if with permanent appointment attested by the CSC. Those with temporary appointment attested by the CSC; may opt to remain but are guaranteed tenure up to the expiration of their appointment only; orSEC. 9. Personnel Who Would Opt to Remain in Government Service. Affected personnel with permanent or temporary appointment who would opt to remain in government service shall be placed in other agencies by the CSC where additional personnel are required. However, the position of the transferred personnel in the recipient agency shall be co-terminus with the incumbent. Such affected personnel shall not suffer any diminution in pay, except certain allowances that used to be given corresponding to the performance of specific functions which would no longer form part of their new functions.
8.2. Avail of the retirement/separation benefits as herein provided.
10.1 Retirement gratuity provided under RA 1616 (An Act Further Amending Section Twelve of Commonwealth Act Numbered One Hundred Eighty-Six, as Amended, Prescribing Two Other Modes of Retirement and for Other Purposes), as amended, payable by the last employer of the Affected personnel, plus the refund of retirement premiums payable by the Government Service Insurance System (GSIS), without the incentive herein provided.
10.2 Retirement benefit under RA 660 (An Act to Amend Commonwealth Act Numbered One Hundred and Eighty-Six entitled "An Act to Create and Establish a Government Service Insurance System, to Provide for its Administration, and to Appropriate the Necessary Funds Therefor," and to Provide Retirement Insurance and for Other Purposes) or applicable retirement, separation or unemployment benefit provided under RA 8291 (An Act Amending Presidential Decree No. 1146, as Amended, Expanding and Increasing the Coverage and Benefits of the Government Service Insurance System, Instituting Reforms Therein and for other Purposes), if qualified, plus the following applicable incentives:
10.2.1 ½ month of the present basic salary for every year of government service and a fraction thereof, for those who have rendered 20 years of service and below;
10.2.2 ¾ month of the present basic salary for every year of government service and a fraction thereof, computed starting from the 1st year, for those who have rendered 21-30 years of service; and
10.2.3 1 month of the present basic salary for every year of government service and fraction thereof, computed starting from the 1st year, for those who have rendered 31 years of service and above.
PROVIDED: That the GSIS shall pay, on the day of separation, the retirement/separation/unemployment benefits to which are affected employee maybe entitled to under RA 660 or RA 8291 and whenever there is an option, the one which the affected employee has chosen as the most beneficial to him/her.No affected employees who opted for retirement/separation shall receive less than an aggregate of Fifty Thousand pesos (P50,000.00) as his retirement/separation gratuity benefits from both the National Government and the GSIS.
PROVIDED FURTHER: That for the purpose of complying with the required number of years of service under RA 8291, the portability scheme under RA 7699 (An Act Instituting Limited Portability Scheme in the Social Security Insurance Systems by Totalizing the Workers’ Creditable Services or Contributions in Each of the Systems) may be applied, subject to existing policies and guidelines.
10.3 Those with that three (3) years of government service may opt avail of the separation gratuity under RA 6656 (An Act to Protect the Security of Tenure of Civil Service Officers and Employees in the Implementation of Government Reorganization), plus the appropriate incentive provided under Section 10.2.
13.1 Refund of Pag-IBIG Contributions. All affected personnel who are members of the Pag-IBIG shall be entitled to the refund of their contributions (both personal and government), pursuant to existing rules and regulations of the Home and Development Mutual Fund;SEC. 14. Abolition of Positions. For every employees who would opt for voluntary retirement/separation, a funded position shall be offered for abolition by the Department/agencies concerned. Unless otherwise approved by the DBM, there shall be no instance that the number of the positions to be offered for abolition shall be less than the number of the personnel who availed themselves of the voluntary retirement/separation benefits.
13. 2 Commutation of Unused Vacation and Sick Leave Credits. All affected personnel shall be entitled to the commutation of unused vacation and sick leave credits in accordance with existing rules and regulations.