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Executive Orders

CREATING A PRESIDENTIAL COMMITTEE TO STUDY GOVERNMENT CORPORATIONS

Executive Order No. 464

EXECUTIVE ORDER NO. 464 April 28, 1976

CREATING A PRESIDENTIAL COMMITTEE TO STUDY GOVERNMENT CORPORATIONS

WHEREAS, the reorganization of national government departments, bureaus, offices and agencies has already been completed, implemented, and is now operational;

WHEREAS, the government-wide reorganization included the sector on government-owned or controlled corporations only on a very limited basis;

WHEREAS, there is now a proliferation of government corporations engaged in major industrial, commercial, infrastructure, and social projects and activities which affect the pace and quality of national development;

WHEREAS, the multiplicity of government corporations and their comprehensive involvement in national affairs create a very complex situation which demands a more rational approach towards the organization, management, and supervision of all government corporations; and

WHEREAS, there is a need to provide central policy direction, coordinative and monitoring mechanism for government corporations in order to maximize their resource inputs and allow them to vigorously implement the government's socio-economic projects.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do...

Summary of Executive Order No. 464

Creation of Presidential Committee to Study Government Corporations (Sec. 1)
- Committee composed of Chairman of Presidential Commission on Reorganization, Commissioner of Budget, Secretary of Economic Planning, Secretary of Finance, and Secretary of Justice
- President to designate the chairman
- Presidential Commission on Reorganization and Budget Commission to provide technical and administrative support

Duties and Functions of the Committee (Sec. 2)
- Conduct comprehensive study, review, and assessment of all government-owned or controlled corporations
- Recommend policy measures for overall organization, management, and supervision of government corporations
- Define government's philosophy/policy on role and objectives of government corporations in national development and relationship with private enterprises (Sec. 2a)
- Formulate criteria on "entry and exit" of government corporations in specific fields (Sec. 2b)
- Provide guidelines for determining appropriateness of adopting corporate structure (Sec. 2c)
- Provide clearer definition, classification scheme, and framework for standardizing powers and authority of government corporations (Sec. 2d)
- Devise mechanism for efficient and effective supervision and coordination of government corporations to avoid overlapping and ensure public accountability (Sec. 2e)
- Lay down framework for integration of activities like creation of subsidiaries, investments, capital transfers, resource allocation, and bond issuance (Sec. 2f)
- Provide benchmarks/indicators for evaluating corporate performance and ensuring feedback system (Sec. 2g)
- Establish guidelines for internal operating policies to ensure compatibility among government corporations and with national government policies (Sec. 2h)
- Propose criteria for composition and selection of boards of directors (Sec. 2i)
- Recommend policies and measures for rationalization of existing government corporations, including merger, abolition, reorientation, and charter revisions (Sec. 2j)

Autonomy of Government Corporations (Sec. 3)
- Autonomy of government corporations to decide on basic policy and substantive matters in accordance with their charter, including day-to-day operations, shall be observed and upheld
- Definition of government corporations includes all government-owned or controlled corporations, performing proprietary or governmental functions, and entities granted corporate power and personality
- Excludes state colleges and universities (studied by Presidential Committee to Study State Higher Education) and local governments (studied for Local Governments Code)

Powers of the Committee (Sec. 4)
- Empowered to create study groups or panels of experts
- Call on any government entity, official, or employee for assistance
- Secure pertinent documents, financial records, or papers
- Perform other functions to facilitate its work
- All government corporations directed to extend necessary cooperation and assistance

Appropriation and Deadline (Sec. 5)
- Appropriation of P300,000.00 authorized for operating and necessary expenditures
- Committee directed to submit report and recommendations on or before December 31, 1976

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