Clarification on the Operational Definition of Administratively Viable as Provided for in EO 503, s. of 1992

November 16, 1992

MEMORANDUM FROM THE PRESIDENT

 

 

1. Reports have reached this Office that certain LGUs have refused to absorb the devolved personnel of national government agencies (NGAs) concerned although this is mandated by the Local Government Code of 1991. These LGUs have cited Section 2 (a-3) of EO 503 (1992) as the legal basis for their non-acceptance of devolved personnel, which states that —

3. Absorption is not administratively viable when there is duplication of functions unless the LGU opts to absorb the personnel concerned. (My Emphasis.)

There is a need therefore to settle the policy issues arising from the varying interpretations of the above provision to facilitate the devolution process.

2. The general rule, EO 503 requires all affected NGAs to transfer their technical and administrative personnel to LGUs, which are in turn mandated to absorb them and to create the equivalent positions for them. The mandatory transfer of NGA personnel is aimed at ensuring the administrative and technical capabilities of LGUs to provide the devolved basic services and facilities at the local level. This is also to ensure that the delivery of basic services is not unduly prejudiced or disrupted.

3. Based on the above provision, absorption of devolved personnel becomes optional if it is not administratively viable; in which case, the NGA concerned shall retain them. It is not administratively viable where there is duplication of functions as defined below.

There is duplication of functions when the duties and responsibilities of an affected NGA personnel are similar to those of an LGU incumbent and their respective offices perform the same functions. However, such situation does not apply to an NGA personnel who is responsible for or attached to a devolved assets. The LGU and NGA concerned may invoke this provision if both of them will agree that the devolution of NGA personnel will result in duplication of functions as prescribed therein.

To illustrate this, there is duplication of functions between the provincial agricultural officer (PAO) of the Department of Agriculture and the provincial agriculturist of the province because they both perform the same duties and responsibilities and they belong to offices performing similar functions. In this case, the transfer of the PAO to the province becomes optional, which may be exercised by the LGU concerned until the signing of a Memorandum of Agreement with the NGA concerned as provided for in Section 6 (b) of EO 503.

But such is not the case for the drivers or utility aides of devolved NGA offices, although they perform similar functions with their counterparts in the LGU, because they are each assigned to or responsible for a transferred asset. In which case, their absorption by LGUs concerned is mandatory. Also, there is no duplication of functions in the case of administrative personnel when they belong to a devolved NGA office performing specific functions other than those of existing LGU offices.

It is therefore directed that all concerned adhere to the principles and policies clarified in this Memorandum.

For the guidance of all concerned.