Inclusion of the CSC Chairman in the Board of Trustees/Directors of the GSIS, PHIC, ECC and the HDMF

February 22, 2010

EXECUTIVE ORDER NO. 864

INCLUSION OF THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION IN THE BOARD OF TRUSTEES/DIRECTORS OF THE GOVERNMENT SERVICE INSURANCE SYSTEM, PHILIPPINE HEALTH INSURANCE CORPORATION, EMPLOYEES' COMPENSATION COMMISSION AND THE HOME DEVELOPMENT MUTUAL FUND

WHEREAS, Section 2 (1),Article IX-B of the 1987 Philippine Constitution provides that the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters;

WHEREAS, Section 3, Article IX-B of the 1987 Philippine Constitution mandates, among others, that the Civil Service Commission (CSC),as the central personnel agency of the government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service, and shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; HSEcTC

WHEREAS, Section 14, Chapter 3, Title I-A, Book V of the Administrative Code of 1987 (Executive Order No. 292) expressly states that the Chairman of the CSC shall be a member of the Board of Directors or of other governing bodies of government entities whose functions affect the career development, employment, status, rights, privileges, and welfare of government officials and employees, such as the Government Service Insurance System, Foreign Service Board, Foreign Trade Service Board, National Board for Teachers, and such other similar boards as may be created by law;

WHEREAS, Presidential Decree No. 1 dated September 24, 1972, explicitly empowers the President of the Republic of the Philippines to reorganize the entire Executive Branch of the National Government, as a vital and priority measure to effect the desired changes and reforms in the social, economic and political structure of the country;

WHEREAS, Section 18 (a), Article IV of Republic Act No. 7875 (An Act Instituting a National Health Insurance Program for All Filipinos and Establishing the Philippine Health Insurance Corporation for the Purpose) or otherwise known as the "National Health Insurance Act of 1995", Section 42 (G) of Republic Act No. 8291 (An Act Amending Presidential Decree No. 1146, as amended, Expanding and Increasing the Coverage and Benefits of the Government Service Insurance System, Instituting Reforms Therein and for Other Purposes) or otherwise known as "The Government Service Insurance System Act of 1997, Article 176, Chapter 3 of Presidential Decree No. 626 (Employees' Compensation and State Insurance Fund), and Presidential Decree No. 1530 (Instituting a System of Voluntary Contributions for Housing Purposes) or otherwise known as the "Pag-ibig Fund" reveal that while the Chairman of the CSC is not included in the list of those who could sit as a member of the Board of Directors of the PhilHealth or of the Board of Trustees of the GSIS, ECC and the Pag-ibig Fund, said laws did not expressly repeal Section 14, Chapter 3, Title I-A, Book V of the Administrative Code of 1987 and Presidential Decree No. 1;

WHEREAS, it is settled that repeals by implication are not favored as laws are presumed to be passed with deliberation and full knowledge of all laws existing on the subject;

WHEREAS, a scrutiny of the mandated functions and duties of the Board of Trustees of the GSIS, ECC and HDMF and the Board of Directors of the PhilHealth shows that the same are all geared towards the advancement of the welfare of government officials and employees, which functions fall within the province of the CSC;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order and direct:

SECTION 1. The Chairman of the Civil Service Commission shall sit as an Ex-Officio member of the Board of Trustees of the Government Service Insurance System, Employees' Compensation Commission and the Home Development Mutual Fund and the Board of Directors of the Philippine Health Insurance Corporation pursuant to Section 14, Chapter 3, Title I-A, Book V of Executive Order No. 292 (Administrative Code of 1987). STECAc

SECTION 2. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 22nd day of February, in the year of Our Lord, Two Thousand and Ten.