BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 178
FURTHER DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF SCIENCE AND TECHNOLOGY, AMENDING FOR THIS PURPOSE EXECUTIVE ORDER NO. 425, SERIES OF 1991
WHEREAS, Executive Order No. 425, Series of 1991, issued pursuant to Republic Act No. 6734, effected the devolution to the Autonomous Regional Government (ARG) of the Autonomous Region in Muslim Mindanao (ARMM) certain powers and functions of the Department of Science and Technology (DOST), including the control and supervision over its offices, programs and projects in the ARMM;
WHEREAS, Republic Act No. 9054 was enacted into law on March 31, 2001 in order to strengthen and expand the Organic Act for the ARMM, and the same was ratified on August 14, 2001 with the addition of the Province of Basilan (except Isabela City) and City of Marawi to the original four provinces comprising the ARMM;
WHEREAS, it is the policy of the National Government to devolve, as far as practicable and consistent with the Constitution and Republic Act No. 6734, as amended by Republic Act No. 9054, as many functions and powers of national government agencies to the ARG;
WHEREAS, the devolution of powers and functions of the National Government to the ARG is part of the government’s peace process to find ways and means for a durable and lasting peace in Mindanao; and
WHEREAS, the Oversight Committee created pursuant to Republic Act No. 9054 deemed it imperative to further devolve certain powers and functions of DOST to the ARG.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Transfer of Powers and Functions. — In addition to the powers and functions of the DOST previously devolved to the ARG pursuant to Executive Order No. 425 (Series of 1991), the following powers and functions are hereby devolved from DOST to the ARG:
a) Administration of Scientific and Technological (S&T) Scholarships, Awards and Grants;
b) Development and Improvement of S&T Education and Training;
c) Administration of S&T Incentive and Career System;
d) Conduct of Research and Development (R&D) on Information Technology and Advanced Fields; and
e) Venture Financing.
The identification and selection of scholars through nationwide competition shall be retained by the DOST National, while implementation and management thereof shall be undertaken by the ARG.
SEC. 2. S&T Programs and Projects. Consistent with the devolved powers and functions, the ARG shall formulate and develop S&T programs and projects, such as but not limited to the following:
a. Technology Transfer, Promotion and Commercialization;
b. Research and Development;
c. Science and Technology Services;
d. S&T Culture;
e. S&T Manpower and Infrastructure;
f. Information Systems and Data Bank;
g. S&T Institutional Linkages; and
h. S&T Advocacy.
SEC. 3. Planning and Programming. DOST shall involve DOST-ARMM in all its planning and programming activities to ensure that DOST-ARMM priorities are taken into account and the standards are in accordance with the National S & T Plan.
SEC. 4. Coordination of Programs and Projects. For purposes of developmental activities in the region and to ensure consistency with the National S&T plan, the DOST-ARMM shall:
a. Coordinate with the DOST and DOST Councils and Institutes for technical assistance requirements and for S&T related activities;
b. Be involved in the S&T programs and projects that are implemented in the region (planning, programming and implementation stages) of DOST and DOST Councils and Institutes; and
c. Be a member of the Mindanao DOST Cluster Organization (MindaDOST) as a component region in Mindanao.
SEC. 5. Personnel. The following rules shall govern the personnel of the DOST assigned in the Province of Basilan, except Isabela City, and the City of Marawi:
a. All plantilla positions, filled and unfilled effectively assigned to, or with the Province of Basilan, (except Isabela City) and Marawi City as their official station, shall be placed immediately under the control and supervision of the ARG.
b. Personnel absorbed by the ARG shall retain their seniority rights, compensation, and other benefits in accordance with Civil Service laws, rules and regulations.
c. Personnel declining to be absorbed by the ARG shall have the following options:
c.1 Retirement – All affected personnel qualified for retirement may elect retirement, as may be provided by law. All benefits, including payment of accrued leave credits, that may be lawfully given to affected employees by virtue of their transfer, retirement or separation from service shall be paid within one (1) month from the filing of the necessary clearance and other pertinent documents.
c.2 Transfer – Affected 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.
c.3 Resignation – Separated personnel not eligible for retirement under existing laws shall be entitled to all benefits provided under existing Civil Service Laws.
SEC. 6. Assets, Equipment and Budget. All assets, equipment, budgetary allocation and properties being utilized or programmed for use for the Province of Basilan and the City of Marawi shall be turned-over to the ARG of the ARMM, with the exception of the budget allocation for teacher training which is fixed at the national level.
SEC. 7. Implementing Rules. DOST, in close coordination with the ARG, shall issue implementing rules and regulations to effect the devolution and turn-over within ninety (90) days from effectivity of this Executive Order.
SEC. 8. Date of Transfer. The DOST shall effect full transfer of its functions, personnel, assets, equipment and budget within 90 days following the effectivity of this Executive Order.
SEC. 9. Repealing Clause. All laws, decrees, orders, rules and regulations and other issuances or parts thereof, which are inconsistent with this Executive Order are hereby repealed, modified and amended accordingly.
SEC. 10. Effectivity. This Executive Order shall take effect fifteen (15) days after its publication in a national newspaper of general circulation and one local newspaper of general circulation in the ARMM.
DONE in the City of Manila, this 27TH day of February in the year of our Lord, two thousand and three.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) ALBERTO G. ROMULO