EXECUTIVE ORDER NO. 459 May 17, 1991
DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, THE CONTROL AND SUPERVISION OVER ITS OFFICES IN THE REGION AND FOR OTHER PURPOSES
WHEREAS, Section 1, Article XV of Republic Act No. 6734 provides "That the Autonomous Region shall establish, maintain and support a complete and integrated system of quality education and adopt an educational framework that is meaningful, relevant and responsive to the needs, ideals and aspirations of the people in the Region";
WHEREAS, the Oversight Committee created under the said Act, recognizing the primacy of education as a necessary pillar for the Autonomous Region in Muslim Mindanao (ARMM), has recommended the evaluation of certain powers and that the offices of the Department of Education, Culture and Sports within the ARMM may be transferred to the Autonomous Regional Government to carry out this mandate;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers...
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Executive Orders
Devolving To the Autonomous Regional Government of the Autonomous Region in Muslim Mindanao Certain Powers and Functions of the Department of Education, Culture and Sports, the Control and Supervision Over Its Offices in the Region and For Other Purposes
Executive Order No. 459
Summary of Executive Order No. 459
Devolving Powers and Functions of DECS to ARMM
- Policy: The Autonomous Regional Government (ARG) shall be responsible for the regional educational framework within ARMM and adopt the national education policy. (Sec. 1)
- General Functions: ARG shall formulate, plan, implement and coordinate policies, plans, programs and projects in the following areas: (Sec. 2)
- Elementary, secondary, physical and international education
- Non-formal and vocational/technical education
- Higher education
- Development of culture
- Foreign and locally-assisted projects related to education
- Transfer of Control and Supervision: DECS offices within ARMM, including functions, personnel, equipment, properties, budgets and liabilities, shall be placed under ARG's control and supervision. (Sec. 3)
- Transfer of DECS Regional Office Functions and Powers: (Sec. 4)
- General Functions: Formulate regional education plan, implement policies, provide education services, coordinate with other offices and LGUs.
- Specific Functions:
- Administrative Management: Personnel actions, investigations, donations, records management, supply, medical/dental services. (Sec. 4.B.1)
- Educational Supervision and School Administration: School visitations, research, data reports. (Sec. 4.B.2)
- Financial Management: Budget preparation, fiscal control, claims processing, salary adjustments, procurement, contracts, financial reports. (Sec. 4.B.3)
- Private School Regulations: Permits, approvals, complaints, recognition, curriculum modifications, authentication. (Sec. 4.B.4)
- Administrative Responsibility: ARG shall be responsible for outstanding obligations, contracts, etc. National government shall continue necessary expenditure levels. (Sec. 5)
- Board of Higher Education: National DECS retains functions and powers, but Regional DECS Director shall be a voting member for ARMM matters. (Sec. 6)
- DECS Bureaus: Functions and powers of Bureaus of Elementary, Secondary, Technical/Vocational, Higher, Non-Formal, and Physical Education shall be transferred to ARG. (Sec. 7)
- Locally-Funded Programs: All locally-funded DECS projects within ARMM shall be transferred to ARG. (Sec. 8)
- Foreign-Funded Programs: DECS Central Office shall continue implementation, but ARG may implement ARMM components through agreement. (Sec. 9)
- Regulations and Standards: ARG shall adhere to BP 232 rules and consider them as minimum standards. Regional standards shall not be below national standards. (Sec. 10)
- Assets, Equipment, Offices and Land: Existing and programmed assets, equipment and schools in ARMM shall be turned over to ARG. Office buildings and land shall be transferred. (Sec. 11)
- Personnel/Position: (Sec. 12)
- All DECS plantilla positions in ARMM shall be placed under ARG's control.
- National government personnel shall be absorbed by ARG, retaining seniority, compensation and benefits.
- Personnel declining transfer shall have options of retirement, absorption elsewhere, transfer or resignation.
- ARG position/classification plan shall conform to national Salary Standardization Law standards.
- For 12 months, DECS shall continue paying salaries of personnel under centralized payroll scheme.
- Budget: All outstanding FY 1991 budget balances for DECS operations in ARMM shall be turned over to ARG. (Sec. 13)
- State Colleges and Universities: Shall assist ARMM development, serve as regional centers, enjoy academic freedom and fiscal autonomy, continue to be governed by charters. DECS Regional Director shall be board member. (Sec. 14)
- Control of Attached Agencies: Attached agencies and councils shall continue to be controlled by line departments but extend assistance to ARG and Regional DECS. (Sec. 15)
- Scholarship Program: Shall be retained by DECS. (Sec. 16)
- Free Public Secondary Education: ARMM shall give free public secondary education in national high schools and other public schools within ARMM provinces. (Sec. 17)
- Instructional Materials: (Sec. 18)
- IMC shall continue formulating policies and selecting/approving textbooks for public and private elementary/secondary schools.
- Contribution of ethnic groups shall be emphasized.
- ARG may develop regional curricular materials on history, subject to IMC approval.
- Effective Date of Transfer: May 1, 1991 to allow schools to wind up SY 1990-1991 and Regional DECS to prepare for SY 1991-1992. (Sec. 19)
- Separability Clause (Sec. 20)
- Effectivity: 15 days after publication in national and local ARMM newspaper. (Sec. 21)
Devolving Powers and Functions of DECS to ARMM
- Policy: The Autonomous Regional Government (ARG) shall be responsible for the regional educational framework within ARMM and adopt the national education policy. (Sec. 1)
- General Functions: ARG shall formulate, plan, implement and coordinate policies, plans, programs and projects in the following areas: (Sec. 2)
- Elementary, secondary, physical and international education
- Non-formal and vocational/technical education
- Higher education
- Development of culture
- Foreign and locally-assisted projects related to education
- Transfer of Control and Supervision: DECS offices within ARMM, including functions, personnel, equipment, properties, budgets and liabilities, shall be placed under ARG's control and supervision. (Sec. 3)
- Transfer of DECS Regional Office Functions and Powers: (Sec. 4)
- General Functions: Formulate regional education plan, implement policies, provide education services, coordinate with other offices and LGUs.
- Specific Functions:
- Administrative Management: Personnel actions, investigations, donations, records management, supply, medical/dental services. (Sec. 4.B.1)
- Educational Supervision and School Administration: School visitations, research, data reports. (Sec. 4.B.2)
- Financial Management: Budget preparation, fiscal control, claims processing, salary adjustments, procurement, contracts, financial reports. (Sec. 4.B.3)
- Private School Regulations: Permits, approvals, complaints, recognition, curriculum modifications, authentication. (Sec. 4.B.4)
- Administrative Responsibility: ARG shall be responsible for outstanding obligations, contracts, etc. National government shall continue necessary expenditure levels. (Sec. 5)
- Board of Higher Education: National DECS retains functions and powers, but Regional DECS Director shall be a voting member for ARMM matters. (Sec. 6)
- DECS Bureaus: Functions and powers of Bureaus of Elementary, Secondary, Technical/Vocational, Higher, Non-Formal, and Physical Education shall be transferred to ARG. (Sec. 7)
- Locally-Funded Programs: All locally-funded DECS projects within ARMM shall be transferred to ARG. (Sec. 8)
- Foreign-Funded Programs: DECS Central Office shall continue implementation, but ARG may implement ARMM components through agreement. (Sec. 9)
- Regulations and Standards: ARG shall adhere to BP 232 rules and consider them as minimum standards. Regional standards shall not be below national standards. (Sec. 10)
- Assets, Equipment, Offices and Land: Existing and programmed assets, equipment and schools in ARMM shall be turned over to ARG. Office buildings and land shall be transferred. (Sec. 11)
- Personnel/Position: (Sec. 12)
- All DECS plantilla positions in ARMM shall be placed under ARG's control.
- National government personnel shall be absorbed by ARG, retaining seniority, compensation and benefits.
- Personnel declining transfer shall have options of retirement, absorption elsewhere, transfer or resignation.
- ARG position/classification plan shall conform to national Salary Standardization Law standards.
- For 12 months, DECS shall continue paying salaries of personnel under centralized payroll scheme.
- Budget: All outstanding FY 1991 budget balances for DECS operations in ARMM shall be turned over to ARG. (Sec. 13)
- State Colleges and Universities: Shall assist ARMM development, serve as regional centers, enjoy academic freedom and fiscal autonomy, continue to be governed by charters. DECS Regional Director shall be board member. (Sec. 14)
- Control of Attached Agencies: Attached agencies and councils shall continue to be controlled by line departments but extend assistance to ARG and Regional DECS. (Sec. 15)
- Scholarship Program: Shall be retained by DECS. (Sec. 16)
- Free Public Secondary Education: ARMM shall give free public secondary education in national high schools and other public schools within ARMM provinces. (Sec. 17)
- Instructional Materials: (Sec. 18)
- IMC shall continue formulating policies and selecting/approving textbooks for public and private elementary/secondary schools.
- Contribution of ethnic groups shall be emphasized.
- ARG may develop regional curricular materials on history, subject to IMC approval.
- Effective Date of Transfer: May 1, 1991 to allow schools to wind up SY 1990-1991 and Regional DECS to prepare for SY 1991-1992. (Sec. 19)
- Separability Clause (Sec. 20)
- Effectivity: 15 days after publication in national and local ARMM newspaper. (Sec. 21)