DOJ Opinion No. 022, s. 1986

DOJ OPINION NO. 022 , s. 1986 February 14, 1986 Director General Emil Q. Javier National Science and Technology Authority Bicutan, Taguig, Metro Manila Sir : This refers to your request for opinion whether (1) the prohibition in Section 22 of Republic Act No. 2067 can be deemed to be "no longer in force," thereby permitting the Director General of the National Science and Technology Authority (NSTA) to accept the invitation to join a proposed private science foundation, and (2) if said prohibition still stands, as to who are the specific officials of the NSTA and agencies placed under or attached to it who should be considered covered by the prohibition. llcd You state that you have been invited to join a private science foundation as incorporator, Director, or Executive Officer. The proposed foundation is contemplating to register with the National Science and Technology Authority under NSTA Resolution No. 1 and possibly engage in joint science and technology projects with the NSTA or its agencies. Republic Act No. 2067, as amended, otherwise known as the Science act of 1958, which created the National Science Development Board (NSDB), contains in Section 22 thereof the following prohibition. "The Chairman and the Vice-Chairman of the Board, the Commissioners and Deputy Commissioners of both the National Institute of Science and Technology and the Philippine Atomic Energy Commission shall not, during their continuance in office, engage in the practice of any profession, or intervene, directly or indirectly, in the management or control of any private enterprise which in anyway may be affected by the functions of their office, nor shall they directly or indirectly be financially interested in any contract with the Government or any subdivision or instrumentality thereof." Executive Order (EO) No. 784 dated March 27, 1982 abolished the NSDB including its Governing Board, Board proper and its implementing agencies, and in lieu thereof, established a new organization known as the National Science and Technology Authority (NSTA) and transferred to the appropriate units and agencies of the NSTA all functions, powers, records, equipment and applicable appropriations of the NSDB (Section 22, E.O. No. 784). It is your view that the prohibition above-quoted is no longer in force, and that except for what is expressly mentioned in RA 2067 as retained and transferred to appropriate units and agencies of the NSTA, all other provisions of R.A. 2067 having particular application to the NSDB or its agencies should be deemed repealed. We are unable to agree to your position. A reading of E.O. No. 784 will show that while there is a restatement of the general and specific functions, and the establishment of a new and expanded organization of the revitalized science and technology machinery under the general direction of the new office, the National Science and Technology Authority, which takes the place of the former National Science Development Board, the legislative purposed to abrogate the original charter of NSDB, otherwise known as the "Science Act of 1958," is not clear from the amendatory issuance. Except for some changes in the organizational structure of the primary agency, the NSTA, and in the agencies under its supervision and control, or its administrative supervision, and the entities attached to it (Sections 7 & 8), and the creation of a Science and Technology Council System (Section 10), of regional or field extension offices (Section 17) and Science and Technology Committees (Section 20), the provisions of Republic Act 2067, as amended by R.A. No. 3589, not relating to the organizational structure, are not changed and should be deemed operative and in force, not only because they are not inconsistent with Executive Order No. 784, but also because no intention to repeal is indicated expressly or impliedly in the Executive Order. Thus, the repealing clause abrogates or modifies only the laws and regulations "inconsistent" with it (Sec. 27). While Sections 24, 24-a and 26 are expressly "reaffirmed in respect to the Authority, its line agencies and its entities," we take this as no more than a reiteration of the tax exemptions for the benefit of contributors to science foundations (Sec. 24), and on importations of equipment (Sec. 24-a), as well as of the exemption of personnel from wage and position classification law and rules (Sec. 26). Judging from the nature and number of the provisions in RA 2067 and its amendment, RA 3589, which are not related to the organizational framework, and which are obviously of continuing relevance to the national science and technology program, we are not prepared to state that it was the legislative purpose to abrogate the provisions in the original charter that are not re-enacted in the Executive Order. For one, the charter provisions applicable to the Philippine Atomic Energy Commission (Sec. 16, et seq.) and the National Institute of Science and Technology (Sec. 12, et seq.) are not modified in Ex. Order No. 784, and the penal sanction for tax evasion (Sec. 25) is omitted in the reorganization issuance, but they are evidently meant to continue to be operative. I am guided in this conclusion by the familiar principle in statutory construction that implied repeals are not favored in law. prcd With respect to the other question, the Director General of the NSTA is covered by the prohibition in Section 22 in view of the express provision in Sec. 22 of EO No. 784 that "all references . . . to the Chairman of the NSDB in all laws, decrees, proclamations and orders shall hereafter be deemed to refer to the . . . Director General of the NSTA." Please be advised accordingly. Very truly yours, (SGD.) ESTELITO P. MENDOZA Minister of Justice