Presidential Decree No. 597 (PD 597) — Authorizing the Commission on Elections to Reorganize Its Departments, Offices, Divisions, Sections or Units, Fix the Salaries of Its Officials and Employees and Provide Appropriation for Its Maintenance and Operation Expenses.
WHEREAS, with the increased membership and the expanded
functions and powers of the Commission on Elections under the new
Constitution, there is need to authorize said agency to undertake a
reorganization of its various departments, divisions, sections, offices
and other units;
WHEREAS, the Commission on Elections, by specific provision
of Republic Act No. 5435, was not included in the reorganization of the
government under the Integrated Reorganization Plan;
WHEREAS, the Commission on Elections was last reorganized in
1963 by virtue of Republic Act No. 3808, and that since then no
substantial changes have been made in the staffing pattern,
administrative structure and organizational machinery of the said
agency;
WHEREAS, Presidential Decree No. 203 transferred to the
Commission on Elections the personnel, appropriations and properties of
the various Electoral Tribunals, and for this reason there is need to
empower the Commission on Elections to deploy through reorganization the
Tribunal employees in appropriate departments, divisions, sections,
offices or units where their services can be most useful;
WHEREAS, under the Transitory Provisions of the new
Constitution, it is provided that priority shall be given, inter alia,
to the reorganization of the Government; and the reorganization of the
Commission on Elections would be a step in compliance with this
provision of the new Charter;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as amended, do hereby order and
decree:
SECTION 1. To promote maximum efficiency in carrying out
its constitutional functions and powers and such other duties that my be
entrusted to it by law, the Commission on Elections hereinafter
referred to as the Commission is hereby authorized, within six months
from the date of approval hereof, to reorganize all its departments,
divisions, sections, offices or units.
SEC. 2. Any provision of existing law to the contrary
notwithstanding and in order to accomplish the objectives set forth in
Section One of this Decree, the Commission is authorized:
To group, coordinate, consolidate or integrate departments,
divisions, sections, offices or units according to functions;
To abolish departments, divisions, sections, offices or units
which may not be necessary, or create those which are necessary, for the
efficient conduct of its functions, services and activities;
To eliminate overlapping and duplication of services,
functions and activities;
To transfer functions and personnel from one department,
division, section, office or unit to another;
To create, classify, combine, split and abolish positions;
To fix and standardize salaries, materials and equipment;
To provide whatever is necessary and desirable to effect
economy and promote efficiency in the service.
SEC. 3. Whenever it becomes necessary to reduce the
personnel of any department, division, section, office or unit, the
provisions on reduction in force of Rule VIII of the Civil Service Rules
shall be applied: Provided, however, That, other things being
equal, the preference in retention shall be given to a veteran-employee.
Officers and employees whose positions are abolished or who may be
separated from the service as a consequence of the reorganization
authorized under this Decree shall not lose their civil service
eligibilities. Their names shall be submitted to the Commissioner of
Civil Service who shall enter them in a preferential re-employment list
under proper classifications as to qualifications, training, civil
service eligibility and other similar factor that would facilitate their
re-employment in appropriate vacancies in the government: Provided,
however, That, the names of officers and employees whose efficiency
ratings are below "Satisfactory" or its equivalent, shall not be
registered in the preferential re-employment list: Provided, further,
That those who may be separated or removed from the service by reason
of the reorganization shall be granted subject to existing rules a
gratuity at a rate equivalent to one month's salary for every year of
continuous satisfactory service rendered or the equivalent nearest
fractions thereof favorable to them on the basis of the highest salary
received: Provided, still further, That if they are already
entitled to any gratuity or pension under any other existing retirement
or gratuity law, they shall have the option to select either such
gratuity or pension or the gratuity provided under this
Reorganization Decree.
SEC. 4. The Commission is hereby
authorized to avail of the services of any government expert, office or
agency or such reputable private consultant or management firms or
entities as it may deem necessary to carry out the reorganization
provided in this decree.
SEC. 5. The Commission is hereby authorized to use such
sums as are necessary to carry out the provisions of this Decree from
unexpended balance of its continuing appropriations and excess
certifications to accounts payable. Henceforth, appropriations to cover
the salaries of officials and employees of the Commission on Elections,
and its maintenance and operating expenses as fixed in accordance with
the provisions of this Decree shall be carried in the annual General
Appropriation Acts.
SEC. 6. All laws, or parts thereof which are or may be
in conflict with the provisions of this Decree are hereby repealed or
amended accordingly.
Done in the City of Manila, this 3rd day of December in the
year of Our Lord, nineteen hundred and seventy-four.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
