PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACT NO. 5435 - AN ACT AUTHORIZING THE PRESIDENT OF THE PHILIPPINES, WITH THE HELP OF A COMMISSION ON REORGANIZATION, TO REORGANIZE THE DIFFERENT EXECUTIVE DEPARTMENTS, BUREAUS, OFFICES, AGENCIES AND INSTRUMENTALITIES OF THE GOVERNMENT. INCLUDING BANKING OR FINANCIAL INSTITUTIONS AND CORPORATIONS OWNED OR CONTROLLED BY IT, SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS
1. Declaration of policy. – It is hereby declared to
be the policy of Congress to promote simplicity, economy and efficiency
in the government to enable it to pursue programs consistent with
national goals for accelerated social and economic development and to
improve the service in the transaction of the public business in the
executive departments, bureaus, offices, commissions, boards, agencies
and instrumentalities of the government, including banking or financial
institutions and corporations owned or controlled by the government
within the limits of their respective charters, except the Legislative
and Judicial Departments, the General Auditing Office, the Commission
on Elections and local governments, by:
(a) Limiting expenditures to the lowest amount consistent with the efficient performance of essential services, activities and functions;
(b) Eliminating duplication and overlapping of services, activities and functions;
(c) Consolidating and integrating services, activities and functions of a similar nature;
(d) Abolishing services, activities and functions not necessary to the efficient conduct of government; and
(e) Defining and limiting executive functions, services and activities.
Sec. 2. For the purpose of carrying out the policy set forth in Section One of this Act, there is hereby created a Commission on Reorganization to be constituted within ten days after the approval of this Act.
a. The Commission shall be composed of nine members as follows:
(1) Three members of the Senate to be appointed by the President of the Senate, one of whom shall come from the party having the second largest number of votes in the last general elections;
(2) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall come from the party having the second largest number of votes in the last general elections;
(3) Three members to be appointed by the President of the Philippines, who may come from within or without the government service.
The President shall designate from among the members the chairman of the Commission.
b. The Chairman, with the approval of the Commission, shall have the power to appoint in accordance with the provisions of the Civil Service Law, and fix the compensation of, such personnel as it may deem necessary for the proper performance of its duties.
c. The Commission shall formulate policy guidelines not inconsistent with law, to be followed in effecting the provisions of this Act and in conducting public hearings for the purpose of reconciling conflicting interests which may arise as a result of this reorganization.
d. The Commission shall consult with and make use of such studies and recommendations as may be presented by the Management Service of the Budget Commission, the Council of Administrative Management, the U.P. Graduate School of Public Administration, the Joint Technical Staff on the Administrative Code Revision Project, and such other governmental units or agencies as it may designate or set-up, or such reputable private consultant or management firms or entities, as it may deem necessary.
Sec. 3. To accomplish the objectives set forth in Section One of this Act, the Commission is further authorized:
a. To group, coordinate, consolidate or integrate departments, bureaus, offices, agencies, instrumentalities and functions of the government;
b. To abolish departments, offices, agencies or functions which may not be necessary, or create those which are necessary, for the efficient conduct of government functions, services and activities;
c. To eliminate overlapping and duplication of services, functions and activities of the government;
d. To transfer functions, appropriations, equipment, properties, records and personnel form one department, bureau, office, agency or instrumentality to another;
e. To create, classify, combine, split and abolish positions;
f. To standardize salaries, materials and equipment;
g. To do whatever is necessary and desirable to effect economy and promote efficiency in the government service.
The Commission shall study and investigate the present status of all government bureaus, departments, offices, agencies and instrumentalities of the Executive Branch of the Government, including government-owned or controlled corporations; Provided, however, That in the reorganization to be effected by this Act, no office or agency or function of government shall be made to continue beyond the period authorized by law or beyond the time when it would have terminated if the reorganization had not been made.
Sec. 4. The Commission shall submit an integrated reorganization plan to the President not later than December 31, 1969, and the President shall, within forty days after the opening of the next regular session, submit the same to the Congress with or without modification, together with a declaration that such reorganization is necessary to accomplish the purposes of Section One hereof. No reorganization plan shall become effective unless expressly approved by Congress which must either accept or reject it in toto.
Upon approval of the reorganization plan or plans by Congress, the President shall forthwith implement the same by issuing the necessary executive order or orders subject to the limits of the Appropriation Act for the fiscal year during which the implementation is effected.
Sec. 5. Whenever it becomes necessary to reduce the personnel of any office affected by the reorganization plan or plans or modifications thereof, the provisions on reduction in force of Rule VIII of the Civil Service Rules shall be applied: Provided, however, That, other things being equal, the preference in retention shall be given to a veteran-employee.
Officers and employers whose positions are abolished or who may be separated from the service as a consequence of the reorganization authorized under this Act shall not lose their civil service eligibilities. Their names shall be submitted to the Commissioner of Civil Service who shall enter them in a preferential re-employment list under proper classifications as to qualifications, training, civil service eligibility and other similar factors that would facilitate their re-employment in appropriate vacancies in the government: Provided, however, That the names of officers and employees whose efficiency ratings are below "satisfactory" or its equivalent, shall not be registered in the preferential re-employment list: Provided, further, That those who may be separated or removed from the service by reason of the reorganization shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous satisfactory service rendered or the equivalent nearest fractions thereof favorable to them on the basis of the highest salary received: Provided, still further, That if they are already entitled to any gratuity or pension under any other existing retirement or gratuity law, they shall have the option to select either such gratuity or pension or the gratuity provided under this Reorganization Act: And Provided, finally, That any of such officers and employees who may be reinstated in the service before the expiration of the period for which he has been paid gratuity shall refund the unearned portion of such gratuity before he is reinstated in the service.
Sec. 6. Hereafter, vacancies in any department, bureau, office or agency or instrumentality of the government, including government-owned or controlled corporations, shall be filled by certification of the Commissioner of Civil Service from the preferential re-employment list ahead of the regular register of eligibles, under such rules and regulations as the Commission on Reorganization may promulgate: Provided, That no appointment which is made in violation of this Section or of the rules and regulations promulgated hereunder by the Commission on Reorganization shall be approved by the Commissioner of Civil Service.
Sec. 7. To carry out the provisions of this Act, the sum of one million pesos or so much thereof as may be necessary is hereby appropriated out of any funds in the National Treasury not otherwise appropriated.
Sec. 8. This Act shall take effect upon its approval.
Approved: September 9,