DELINEATING PRIMARY AND JOINT RESPONSIBILITIES OF GOVERNMENT-WIDE SERVICE AGENCIES AND ESTABLISHING THE MECHANISM THEREOF

• Number: Presidential Decree No. 1376
• Sections: 13

Preamble

WHEREAS, various laws have granted specific and general

mandate for government-wide service agencies to undertake activities relative to

auditing, consultancy, training, and general management services; WHEREAS, it is recognized that government-wide service

agencies, in the performance of their main functions, have evolved their own

distinct institutional expertise which should be given impetus within the

context of a total systems approach for the efficient and effective conduct of

government operations;

WHEREAS, there is a need to formulate policy guidelines

which would maintain the comparative advantage, optimize the resources, and

enhance the overall capability of the government-wide service agencies; and

WHEREAS, the setting up of institutional arrangements among

government-wide service agencies is necessary to ensure coordination, avoid

duplication of efforts and provide adequate emphasis to the critical areas of

governmental administration;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby

order and decree:

DELINEATION OF PRIMARY RESPONSIBILITIES

Section 1 General Principle.

SECTION 1. General Principle.—The primary

responsibility of an agency shall refer to the major functions, activities, and

authorities essential to the accomplishment of its basic goals and objectives as

mandated by law or competent authority which distinguishes it from other

agencies and serves as guide towards avoiding duplication or overlapping of

functions.

The primary responsibility of government-wide service agencies shall serve as

the main criterion in delineating their activities and in determining the

principal agency which shall undertake specific service-wide functions:

Provided, That primary responsibility shall not be interpreted to mean

an exclusive and pre-emptive right: Provided, Further, That in case a

service-wide agency conducts supportive or related activities they shall be

undertaken in close consultation or jointly with the appropriate agency which

has primary responsibility relative to said activities.

Section 2 Scope.

SEC. 2. Scope.—The government-wide service agencies

shall refer primarily to the Commission on Audit, Civil Service Commission,

Budget Commission, and other related or similar agencies concerned with specific

activities as listed under Section 3 below.

Section 3 Specific Guidelines.

SEC. 3. Specific Guidelines.—The primary

responsibilities of government-wide service agencies with respect to the

following activities among others, are hereby delineated and prescribed:

Audits—In the conduct of performance or similar audits, the

Commission on Audit shall have primary responsibility for the examination and

audit of financial transactions, accounts and reports; the Civil Service

Commission for the inspection and audit of personnel management programs

including personnel performance evaluation; and the Budget Commission for

management audit, with emphasis on organization and staffing, methods

improvement, resource utilization and cost benefit effectiveness.

Management Consultancy—In the provision of management consultancy

services, the functional delineation among government-wide service agencies as

indicated in the immediately preceding paragraph shall be followed. In case,

however, of contracts for management consultancy services, the provisions of

Section 4 Staffing Pattern.

SEC. 4. Staffing Pattern.—The Commission on Audit

and other independent constitutional bodies or agencies shall determine their

respective staffing patterns in accordance with the abovementioned delineation

of activities, subject to pertinent budgetary and compensation laws.

COMMITTEE ON GOVERNMENT MANAGEMENT CONSULTANCY

Section 5 Creation.

SEC. 5. Creation.—In order to avoid duplication of

activities and to promote consistency in the application of relevant national

policy, a Committee on Government Management Consultancy hereinafter referred to

as the Committee is hereby created under the Office of the President. The

Committee shall be composed of the Presidential Executive Assistant or his

representative from the Office of the President who shall serve as Chairman and

with the heads or designated representatives of the Commission on Audit, Civil

Service Commission, and Budget Commission as members: Provided, That

the Chairman of the Presidential Commission on Reorganization and the Managing

Director of the NCC nay attend meetings of the Committee where required as may

be determined by the Committee: Provided, Further, That the Committee

shall call upon the heads or representatives of affected agencies as may be

necessary, to facilitate the conduct of its work on specific matters.

Section 6 Functions.

SEC. 6. Functions.—The Committee shall perform the

following powers and functions:

Process and approve, or refer to the appropriate government-wide service

agency for appropriate action, management consultancy services of government

agencies with other government or private institutions in accordance with the

provisions contained in Section 7 of this Decree: Provided, That

processing and approval shall be related only to the determination of the

appropriateness, suitability or capability of the supplier firm or parties

contracted to provide said services;

Recommend such modifications as may be necessary in the terns and conditions

of the contract for management consultancy services pursuant to the conditions

stated in the immediately preceding paragraph;

Institute individually or jointly, such measures, as may be necessary to

improve the in-house capability of government-wide service agencies to meet the

management consultancy requirements of the government;

Recommend to the President policy measures as would optimize the

government's utilization of management consultancy services; and

Perform such other functions as may be assigned to it by competent

authority.

Section 7

Section 7 of this Decree shall apply.

Training—In the conduct of non-degree training programs, the

abovementioned functional delineation shall be observed. It is however,

recognized that training is an integral function of any agency. The Commission

on Audit shall have the primary responsibility for training in the field of

accounting and auditing rules, procedures and related matters; the Civil Service

Commission for general policies and overall coordination of training programs

for government personnel without prejudice to the specialized role of the Career

Executive Service Board relative to the training for senior level government

executives; and the Budget Commission for budgeting, organization and

management, compensation and classification and related management activities.

Debt Recovery—The Office of the Solicitor-General shall have

primary responsibility for the prosecution of collection and recovery cases that

are referred to it by the Commission on Audit or other government agencies:

Provided, That the Commission on Audit or the agency concerned shall

have primarily responsibility for the institution of measures that would lead to

the discovery and investigation of accounts and claims due the government,

including the institution of such administrative actions as may be feasible,

short of legal proceedings, either by itself or through the agency concerned, to

secure collection and recovery thereof. Where legal action is deemed necessary,

the Commission on Audit or the agency concerned shall gather all the evidence

and papers pertinent thereto and refer the matter to the Office of the

Solicitor-General for prosecution.

Accounting—The Commission on Audit shall have primary

responsibility for the issuance of accounting rules and regulations and for the

technical supervision of accounting offices of government agencies with respect

to the implementation of such issuances. The Budget Commission shall be

responsible for the design, preparation and approval of accounting systems of

government agencies. The National Computer Center shall have; primary

responsibility for providing overall assistance or advice with respect to

systems mechanization or computerization.

Section 8 Exemptions.

SEC. 8. Exemptions.—The following contracts for

management consultancy services are exempt from the provisions of this

decree:

Contracts with private individuals in their personal capacity and not in

representation of a partnership or firm;

Contracts involving an amount of less than P50,000.00: Provided,

That a series of contracts with the same firm on related matter shall be

considered as one contract;

Contracts involving non-profit private or public research or educational

institutions, whether as users or suppliers of management consultancy services;

and

Contracts arising out of bilateral or multilateral external assistance

programs of the government where such contracts are part of the assistance

program.

Section 9 Staff Support.

SEC. 9. Staff Support.—The member agencies of the

Committee shall contribute such resources as may be necessary for its

operations.

GENERAL PROVISIONS

Section 10 Repealing Clause.

SEC. 10. Repealing Clause.—All laws, decrees,

charters, executive orders, administrative orders, proclamations, rules and

regulations or parts thereof that are in conflict with this decree are hereby

repealed or modified accordingly.

Section 11 Effectivity.

SEC. 11. Effectivity.—This decree shall take effect

immediately.

Done in the City of Manila, this 16th day of May, in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Assistant

Section 7 Rules Governing Management Consultancy Services.

SEC. 7. Rules Governing Management Consultancy

Services.—Management Consultancy Service shall refer to contracts with

government or private institutions for services to undertake studies relating to

finance, personnel, and management systems the results of which are

recommendatory to the agency concerned. In addition to whatever supplementary

rules which the Committee may promulgate, the following shall govern the

processing of contracts for management consultancy services:

Proposed contracts which are internal to the government or where the parties

involved are all government agencies and concern only a specialized field shall

be directly forwarded by the user agency for processing and approval to the

relevant government-wide service agency m accordance with the functional

specialization as delineated in Section 3 above: Provided, That if a

contract involves several functional fields it shall be referred to the

Committee for processing and approval;

Proposed contracts which involve private firms or institutions regardless of

whether they concern a specialized field or not, shall be forwarded to the

Committee for processing and approval: Provided, That in all cases, the

evaluation of contracts shall be in accordance with the provision of Section

6(a) of this decree relative to the appropriateness of the contracted firm or

party.