DO 27, s. 1987 – Implementing Guidelines on the Reorganization of the Department of Education, Culture and Sports Pursuant to EO No. 117
Cultural Agency Directors
Chief of Service and Heads of Units/Centers
Presidents, State Colleges and Universities
Heads of Private Schools, Colleges and Universities
Vocational School Superintendents/Administrators
In accordance with the implementing authority contained in Section 30 of Executive Order No. 117 dated January 30, 1987, empowering the Secretary of the Department of Education, Culture and Sports to issue such rules, regulations, and appropriate issuances to ensure the effective implementation of the provisions of the aforesaid executive issuance, these Implementing Guidelines are hereby promulgated:
This department issuance shall be referred to as the “1987 DECS Reorganization Implementing Guidelines.”
- Objectives of the Reorganization
The reorganization of the Department of Education, Culture and Sports, hereinafter referred to as the Department, shall be undertaken under authority of Executive Order No. 117 issued on January 30, 1987 in order to promote efficiency and effectiveness in the delivery of education and public services. For this purpose, there shall be rationalization, redefinition and clarification of the organizational, functional and position structure of the DECS in order to achieve the elimination of overlapping and duplication of services functions and activities and the standardization of position, structures, titles and salary scales.
- Scope of Reorganization
The reorganization of the Department shall cover the organizational structure, functions and staffing patterns of the various bureaus, offices, agencies, centers, service units and other units of the Department including those in its field service, the attached cultural agencies, and other attached agencies except government corporations.
- Preparation and Effectivity of Implementing Details
4.1 The implementing details for the reorganization of the Department pursuant to EO 117 shall be completed and issued as a DECS Order not later than May 27, 1987: Provided, that partial implementing details may be prescribed from time to time within said period for any of the service units, bureaus, offices, agencies, and centers of the Department as reorganized, when completed in consultation with the Department of Budget and Management: Provided, further that the consolidated implementing details earlier issued if any, shall be issued as a DECS Order on or before May 27, 1987, circulation to all concerned.
4.2 The implementing details, including such partial implementing details as may be issued, shall be effective on the date of issuance of the appropriate DECS Order issued for the purpose, but the necessary implementing actions, such as appointments of personnel to the positions in the new staffing patterns, shall be undertaken within six (6) months after effectivity.
- Effects of Reorganization
5.1 All service units, bureaus, offices and agencies including divisions and units not included in the approved new structure are hereby deemed abolished.
5.2 All positions in the approved revised staffing patterns of the Department as reorganized are hereby considered new.
5.3 All incumbent officials/personnel appointed to positions in the new approved staffing patterns shall continue to receive their present actual salaries or the hiring rates, whichever is higher.
5.4 All officials/personnel appointed to positions in the new approved staffing patterns shall continue to receive their present actual salaries or the hiring rates, whichever is higher.
5.5 Pending completion of the consolidated implementing details for the reorganization of the Department and their full implementation, partial original appointments and/or reappointments may be made by the Secretary or proposed to the President with respect to Presidential appointees.
5.6 For this purpose, an itemization of new position items in the central office and in the field service of the Department shall be included in the partial implementing details to be issued as a DECS Order referred to in paragraph 4.1 hereinabove to serve as basis for the extension of an original appointment and/or reappointment as called for in paragraph 5.5 supra.
5.7 All officials/personnel considered separated from or reorganized out of the service, including the effectivity of their separation, shall be notified accordingly.
- Detail of Officials/Personnel
6.1 The detail of all officials and personnel outside of their respective offices or official place of assignment are deemed terminated as of May 27, 1987. All such officials/personnel shall report to their respective official stations not later than 30days after their appointment to their respective positions in the new staffing patterns. Otherwise, they shall be considered separated from or reorganized out of the service. The officials/personnel concerned shall officially notify both the Central Office Personnel Division, and the Regional Office Personnel Division when appropriate, on their having reported to their respective official stations.
6.2 This report-to-station requirement shall not apply to those who are detailed to the Office of the President or temporarily reassigned in view of ongoing or pending investigation or for disciplinary reasons.
6.3 No extension of detail or out-of-station assignment shall be authorized after the implementation of the reorganization unless with the prior approval of the Assistant Secretary for Human Resources Development and/or the Regional Directors in the field offices or the respective heads of the attached or cultural agencies, as the case may be.
6.4 The respective heads of service units, bureaus, offices, agencies and centers are hereby required to submit a report of detailed or reassigned officials/personnel not later than May 1, 1987 to the Central Office Personnel Division Chef.
6.5 All officials/personnel who are on extended leave of absence without pay at the time of the implementation of the reorganization and who are appointed to positions in the new staffing patterns are deemed recalled, unless the Secretary authorized an extension thereof, and those who do not report to their official stations within 30 days from the effectivity of their appointment shall be deemed separated from the service. Those who have been absent without official leave are also deemed separated from the service.
- Personnel Service Budget
7.1 The appropriation for personnel services provided for the Department in the current General Appropriation Act of 1987 shall constitute as the ceiling for the cost of the new staffing pattern of the entire Department.
7.2 All heads of service units, bureaus, offices, agencies and centers shall prepare and submit their budget estimates for Fiscal Year 1988 on the basis of the approved new organizational structure and staffing patterns of the Department as reorganized pursuant to Executive Order No.117.
- Retirement/Separation Benefits
8.1 As authorized in Executive Order No. 117 (1987), officials/personnel who are separated from the service as a result of the reorganization shall receive the retirement benefits to which they may be entitled under existing laws, or shall be pair separation benefits equivalent to one (1) month basic salary for every year of service or the equivalent nearest fraction thereof favorable to them on the basis of highest salary received, but in no case shall such payment exceed the equivalent to twelve (12) month salary.
8.2 All retired and separated officials/personnel entitled to payment of terminal leave benefits shall be paid their accrued leave and separation benefits in accordance with applicable rules and regulations.
- Personnel Action Referrals
All questions and issues arising out of any personnel action shall be brought to the official attention of the Undersecretary for Legal Affairs.
Pursuant to Section 24 of Executive Order No. 117, no court or administrative body shall issue any writ or preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under said Executive Order.
- Separability Claus
Any portion or provision of these Implementing Guidelines which may be declared as contrary to Executive Order No. 117 (1987) shall not have the effect of nullifying other portions or provisions hereof.
- Repealing Clause
All Department orders, memoranda, circulars and other Department issuances which are inconsistent with these Implementing Guidelines are hereby repealed or modified accordingly.
- Effectivity Clause
These Implementing Guidelines on the Reorganization of the Department of Education, Culture and Sports pursuant to Executive Order No. 117 (1987) shall take effect upon its approval.
APPROVED, March 18, 1987
Reference: Department Order No. 23, s. 1987
Allotment: 1-2-3-4—(M.O. 1-87)
To be indicated in the Perpetual Index under the following subjects
APPOINTMENT, EMPLOYMENT, REAPPOINTMENT
RULES AND REGULATIONS