EXECUTIVE ORDER NO. 245 July 24, 1987
IMPLEMENTING THE CONSOLIDATION OF ALL TOBACCO AGENCIES AND THE CREATION OF THE NATIONAL TOBACCO ADMINISTRATION, PRESCRIBING ITS CHARTER AND FOR OTHER PURPOSES
WHEREAS, under Executive Order No. 116, the various tobacco agencies have been consolidated with the creation of the National Tobacco Administration to promote efficiency, economy and effectiveness in government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:
Sec. 1. Declaration of Policy. It is hereby declared to be the policy of the government to promote the development of the tobacco industry and to improve the quality of life of all those who depend upon the industry as a source of livelihood, especially the tobacco farmers.
Sec. 2. Purposes and Objectives. The National Tobacco Administration hereinafter referred to as NTA, shall have the following purposes and objectives:
a. To improve the economic and living conditions and raise the quality of life of the...
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Executive Orders
Implementing the Consolidation of All Tobacco Agencies and the Creation of the National Tobacco Administration, Prescribing Its Charter and For Other Purposes
Executive Order No. 245
Summary of Executive Order No. 245
Declaration of Policy (Section 1):
- Promote the development of the tobacco industry.
- Improve the quality of life of those who depend on the tobacco industry, especially tobacco farmers.
Purposes and Objectives of the National Tobacco Administration (NTA) (Section 2):
- Improve the economic and living conditions of tobacco farmers and those who depend on the industry.
- Promote balanced and integrated growth and development of the tobacco industry.
General Powers of the NTA (Section 3A):
- Administer and regulate the tobacco industry in the Philippines.
- Enter into contracts and incur obligations necessary for its operations.
- Own, purchase, lease, mortgage, or dispose of real and personal property.
Specific Powers and Functions of the NTA (Section 3B):
- Promulgate and enforce rules and regulations on production, standardization, classification, grading, and trading of tobacco and tobacco products. (Section 3B.1)
- Conduct agricultural and industrial research and establish experimental stations. (Section 3B.2)
- Accept and receive financial and other support from private and other sources for the development and promotion of the Philippine tobacco industry. (Section 3B.3)
- Provide incentives and financial assistance to tobacco growers and associations, directly or in conjunction with accredited financial institutions. (Section 3B.4)
- Impose administrative sanctions for violation of NTA rules and regulations. (Section 3B.5)
Governing Body of the NTA (Section 4):
- Board of Directors composed of:
- Secretary of Agriculture (ex-officio Chairman)
- NTA Administrator (Vice-Chairman)
- Senior official from the Department of Agriculture (ex-officio member)
- Six members appointed by the President:
- One from the tobacco manufacturing sector
- One from the tobacco traders/exporters sector
- Three from the tobacco farmers sector
- One from the academic community
Terms of Office of Board Members (Section 5):
- Two years from the date of appointment, without reappointment.
- Appointed members to fill vacancies shall serve the unexpired term.
Powers and Functions of the Board (Section 6):
- Act as the policy-making body of the NTA.
- Formulate policies, promulgate regulations, and prescribe rules for the NTA.
Meetings of the Board (Section 7):
- Regular meetings once a month and special meetings as necessary.
- Quorum of at least five members.
- Majority vote of those present is sufficient to transact business.
- Chairman or Administrator/Vice-Chairman (when acting as Chairman) shall not vote except in case of a tie.
- Board members entitled to per diems and allowances for meetings attended, subject to existing laws and regulations.
Administrator and Deputy Administrators (Section 8):
- Administrator is the Chief Executive Officer, appointed by the President upon recommendation of the Secretary of Agriculture.
- At least two Deputy Administrators, appointed by the President upon recommendation of the NTA Administrator.
- Powers and functions of the Administrator:
- Submit policy recommendations and proposed measures to the Board.
- Recommend organizational structure, staffing pattern, salary structure, and plantilla of personnel to the Board.
- Execute, administer, and implement policies and measures approved by the Board.
- Submit annual and supplemental budgets to the Board.
- Represent the NTA in dealings with other entities, subject to limitations and conditions.
- Appoint, discipline, or remove officers and personnel of the NTA, subject to confirmation by the Board and Civil Service laws.
- Perform other managerial or routine duties assigned by the Board or competent authority.
- Powers and functions of the Deputy Administrators:
- Assist the Administrator in responsibilities and exercise of powers and functions.
- Discharge other responsibilities and functions required by the Administrator or the Board.
Funding Sources (Section 9):
- Initially funded by combining the approved 1987 appropriations of the merged tobacco agencies.
- Thereafter, budget to be incorporated in the General Appropriations Act.
- Funds held by the merged tobacco agencies, including returns on investments, revenue from operations, and other sources, shall accrue and be turned over to the NTA.
Applicability of Civil Service Laws (Section 10):
- The NTA shall be subject to Civil Service laws, rules, and regulations on personnel administration and management.
Audit of NTA (Section 11):
- The NTA shall be under the auditing jurisdiction of the Commission on Audit (COA).
- The Chairman of the COA may assign a Resident Auditor and other personnel to assist in auditing the NTA.
- The NTA shall include the cost of audit in its budget, as provided by applicable laws.
Transitory Provisions (Section 12):
- Incumbent officials and employees from the rank of department manager and below shall continue their functions, duties, responsibilities, benefits, and privileges, unless otherwise ordered by the Board.
- Civil Service laws, rules, and regulations shall be adopted in the selection and appointment of NTA officials and personnel.
- Personnel of the Consolidated Tobacco Agencies shall enjoy preference in appointment to appropriate positions in the NTA, all things being equal.
- The new position structures and staffing patterns shall be approved and prescribed by the Board within 90 days from the approval of this Executive Order.
- Authorized positions shall be filled with regular appointments by the Board or the President.
- Incumbents whose positions are not included in the new structure or who are not reappointed shall be deemed separated from service and shall receive retirement benefits or separation pay equivalent to one-month salary for every year of service, up to a maximum of 12 months' salary.
Repealing Clause (Section 13):
- Provisions of the respective charters of the Consolidated Tobacco Agencies, other laws, decrees, executive orders, administrative orders, letters of instructions, and rules and regulations inconsistent with this Executive Order are hereby repealed or modified accordingly.
Effectivity (Section 14):
- This Executive Order shall take effect immediately upon its approval.
Declaration of Policy (Section 1):
- Promote the development of the tobacco industry.
- Improve the quality of life of those who depend on the tobacco industry, especially tobacco farmers.
Purposes and Objectives of the National Tobacco Administration (NTA) (Section 2):
- Improve the economic and living conditions of tobacco farmers and those who depend on the industry.
- Promote balanced and integrated growth and development of the tobacco industry.
General Powers of the NTA (Section 3A):
- Administer and regulate the tobacco industry in the Philippines.
- Enter into contracts and incur obligations necessary for its operations.
- Own, purchase, lease, mortgage, or dispose of real and personal property.
Specific Powers and Functions of the NTA (Section 3B):
- Promulgate and enforce rules and regulations on production, standardization, classification, grading, and trading of tobacco and tobacco products. (Section 3B.1)
- Conduct agricultural and industrial research and establish experimental stations. (Section 3B.2)
- Accept and receive financial and other support from private and other sources for the development and promotion of the Philippine tobacco industry. (Section 3B.3)
- Provide incentives and financial assistance to tobacco growers and associations, directly or in conjunction with accredited financial institutions. (Section 3B.4)
- Impose administrative sanctions for violation of NTA rules and regulations. (Section 3B.5)
Governing Body of the NTA (Section 4):
- Board of Directors composed of:
- Secretary of Agriculture (ex-officio Chairman)
- NTA Administrator (Vice-Chairman)
- Senior official from the Department of Agriculture (ex-officio member)
- Six members appointed by the President:
- One from the tobacco manufacturing sector
- One from the tobacco traders/exporters sector
- Three from the tobacco farmers sector
- One from the academic community
Terms of Office of Board Members (Section 5):
- Two years from the date of appointment, without reappointment.
- Appointed members to fill vacancies shall serve the unexpired term.
Powers and Functions of the Board (Section 6):
- Act as the policy-making body of the NTA.
- Formulate policies, promulgate regulations, and prescribe rules for the NTA.
Meetings of the Board (Section 7):
- Regular meetings once a month and special meetings as necessary.
- Quorum of at least five members.
- Majority vote of those present is sufficient to transact business.
- Chairman or Administrator/Vice-Chairman (when acting as Chairman) shall not vote except in case of a tie.
- Board members entitled to per diems and allowances for meetings attended, subject to existing laws and regulations.
Administrator and Deputy Administrators (Section 8):
- Administrator is the Chief Executive Officer, appointed by the President upon recommendation of the Secretary of Agriculture.
- At least two Deputy Administrators, appointed by the President upon recommendation of the NTA Administrator.
- Powers and functions of the Administrator:
- Submit policy recommendations and proposed measures to the Board.
- Recommend organizational structure, staffing pattern, salary structure, and plantilla of personnel to the Board.
- Execute, administer, and implement policies and measures approved by the Board.
- Submit annual and supplemental budgets to the Board.
- Represent the NTA in dealings with other entities, subject to limitations and conditions.
- Appoint, discipline, or remove officers and personnel of the NTA, subject to confirmation by the Board and Civil Service laws.
- Perform other managerial or routine duties assigned by the Board or competent authority.
- Powers and functions of the Deputy Administrators:
- Assist the Administrator in responsibilities and exercise of powers and functions.
- Discharge other responsibilities and functions required by the Administrator or the Board.
Funding Sources (Section 9):
- Initially funded by combining the approved 1987 appropriations of the merged tobacco agencies.
- Thereafter, budget to be incorporated in the General Appropriations Act.
- Funds held by the merged tobacco agencies, including returns on investments, revenue from operations, and other sources, shall accrue and be turned over to the NTA.
Applicability of Civil Service Laws (Section 10):
- The NTA shall be subject to Civil Service laws, rules, and regulations on personnel administration and management.
Audit of NTA (Section 11):
- The NTA shall be under the auditing jurisdiction of the Commission on Audit (COA).
- The Chairman of the COA may assign a Resident Auditor and other personnel to assist in auditing the NTA.
- The NTA shall include the cost of audit in its budget, as provided by applicable laws.
Transitory Provisions (Section 12):
- Incumbent officials and employees from the rank of department manager and below shall continue their functions, duties, responsibilities, benefits, and privileges, unless otherwise ordered by the Board.
- Civil Service laws, rules, and regulations shall be adopted in the selection and appointment of NTA officials and personnel.
- Personnel of the Consolidated Tobacco Agencies shall enjoy preference in appointment to appropriate positions in the NTA, all things being equal.
- The new position structures and staffing patterns shall be approved and prescribed by the Board within 90 days from the approval of this Executive Order.
- Authorized positions shall be filled with regular appointments by the Board or the President.
- Incumbents whose positions are not included in the new structure or who are not reappointed shall be deemed separated from service and shall receive retirement benefits or separation pay equivalent to one-month salary for every year of service, up to a maximum of 12 months' salary.
Repealing Clause (Section 13):
- Provisions of the respective charters of the Consolidated Tobacco Agencies, other laws, decrees, executive orders, administrative orders, letters of instructions, and rules and regulations inconsistent with this Executive Order are hereby repealed or modified accordingly.
Effectivity (Section 14):
- This Executive Order shall take effect immediately upon its approval.