Creating The Board Of Administrators For Banahaw Broadcasting Corporation (Bbc), Radio Philippine Network (Rpn), And International Broadcasting Corporation (Ibc), Television And Radio Stations Defining Its Powers And Functions, And For Other Purposes.

Case Overview and Summary

Summary of Executive Order No. 11 (April 8, 1986)

Creation of the Board of Administrators (Section 1):
- A Board of Administrators is created to manage and operate the business and affairs of BBC, RPN, and IBC.
- The Board will have custody of their funds and assets, subject to the control and supervision of the Presidential Commission on Good Government.
- The Board shall properly preserve, maintain, and operate the assets of the companies diligently and in the public interest.
- The Board will consist of seven members from the private sector, appointed by the Minister of Information after consultation with the Presidential Commission on Good Government.
- The chairman of the Board will be elected by the members.

Policy Guidelines and Objectives (Section 2):
- The Board shall be an independent body, free from supervision or control by the Ministry of Information or any government office regarding network affiliation, programming, sponsorship, network time arrangements, talent control, and all other aspects of radio and television operation and management.
- The Board shall endeavor to achieve the widest possible dissemination of ideas, maximize service and program viewpoints and opinion sources, with service to the public as its ultimate goal, while ensuring freedom of the press is maintained.

Functions and Powers (Section 3):
- The Board shall function like a board of directors of a corporation under the Corporation Code, exercising powers of administration but not strict dominion.
- The Board shall exercise all the powers imposed on trustees under the general law of trusts and on officious managers under the law on extra-contractual obligations, insofar as they are applicable or consistent with this Order.

Compensation (Section 4):
- The members of the Board shall receive per diems for each meeting attended, as fixed by the Presidential Commission on Good Government, but not exceeding the maximum per diems paid to members of the board of directors of government-owned or controlled corporations.

Vacancy (Section 5):
- Any vacancy in the Board caused by incapacity, resignation, removal, or death shall be filled by the Minister of Information after consultation with the Presidential Commission on Good Government.

Reports (Section 6):
- The Comptroller of the companies shall be appointed by the Presidential Commission on Good Government.
- The Comptroller shall submit periodical reports on the status of the seized assets and results of operations to the Presidential Commission on Good Government, with copies sent to the President.

Tenure (Section 7):
- The term of existence of the Board shall be co-terminus with the investigation of the seized assets by the Presidential Commission on Good Government and until final disposition of the seized assets in accordance with the Commission's findings.
- The members of the Board shall hold office at the pleasure of the President.

Disposition of Seized Assets (Section 8):
- Without prejudice to the Commission's findings, the Minister of Information is directed to make studies and recommend measures to achieve diversification of ownership of the stations and promote healthy competition in the broadcasting and telecasting industry.
- The Minister of Information is authorized to appoint a committee or seek expertise assistance to make such studies and recommendations.

Effectivity (Section 9):
- This Executive Order shall take effect immediately.