Reorganizing the Presidential Commission on Visiting Forces, Thereby Amending EO No. 175 (s. 2014)

November 29, 2019

EXECUTIVE ORDER NO. 97

REORGANIZING THE PRESIDENTIAL COMMISSION ON VISITING FORCES, THEREBY AMENDING EXECUTIVE ORDER NO. 175 (S. 2014)

WHEREAS, Executive Order (EO) No. 199 (s. 2000) created the Presidential Commission on the Visiting Forces Agreement (PCVFA) under the Office of the President to monitor compliance with the provisions of the Visiting Forces Agreement (VFA);

WHEREAS, EO No. 67 (s. 2002) reduced the composition of the PCVFA and included its Executive Director as a member;

WHEREAS, EO No. 9 (s. 2010) designated the Executive Secretary as Chairman of the PCVFA;

WHEREAS, EO No. 175 (s. 2014) renamed the PCVFA to the Presidential Commission on Visiting Forces (PCVF);

WHEREAS, there is a need to further reorganize the PCVF to ensure an effective integration of its functions with the Government's independent foreign policy;

WHEREAS, the Department of Foreign Affairs (DFA) is mandated to serve as the channel for matters involving foreign relations, and to carry out legal documentation functions as provided by law and regulations;

WHEREAS, pursuant to Section 17, Article VII of the 1987 Constitution, the President shall have control of all the executive departments, bureaus, and offices;

WHEREAS, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (s. 1987), otherwise known as the Administrative Code of 1987, vests in the President the continuing authority to reorganize the administrative structure of the Office of the President;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Section 1 of EO No. 175 is hereby amended to read as follows:

"Section 1. Mandate. — The PCVFA is hereby renamed the Presidential Commission on Visiting Forces, hereinafter referred to as the "Commission," which shall be attached to the DFA while being under the oversight of the Office of the President. The Commission shall be the lead inter-agency mechanism to provide policy coordination and advice, guidance, and assessment to ensure that all SOFAs serve the national interest.

For purposes of this Order, SOFA shall refer to the VFA, the SOVFA, and future status of forces agreements which may be included in the Commission's mandate by order or directive of the President."

SECTION 2. Section 2 of EO No. 175 is hereby amended to read as follows:

"Section 2. Composition. — The Commission shall be composed of the following:

 

Secretary of Foreign Affairs	-	Chairman
Secretary of National Defense	-	Vice-Chairman
Secretary of Justice	-	Member
Secretary of Social Welfare and Development	-	Member
Secretary of the Interior and Local Government	-	Member
National Security Adviser	-	Member
VFACOM Executive Director	-	Member
Representative from the Office of the President	-	Member
One (1) representative from the Private Sector to be appointed by the President"	-	Member

 

SECTION 3. Section 4 of EO No. 175 is hereby deleted. Thus, Sections 5, 6, 7, 8, 9 and 10 of EO No. 175 are hereby renumbered as Sections 4, 5, 6, 7, 8, and 9, respectively.

SECTION 4. Section 5 of EO No. 175 is hereby amended to read as follows:

"Section 4. Executive Director. — The President, upon the recommendation of the Department of Foreign Affairs and the Department of National Defense shall appoint or designate an Executive Director. In case of a designation of an Executive Director, he or she shall be a senior government official with a rank of at least an Assistant Secretary. The Executive Director shall report directly to the Chairman of the Commission, and shall have direct operational and supervisory authority over all personnel of the Commission and all personnel from the concerned agencies who may from time to time be detailed to the Commission to provide technical and administrative support.

The present Executive Director of the Commission shall continue to serve as such until his successor shall have been appointed or designated."

SECTION 5. Except for the foregoing amendments, all other provisions of EO No. 175 shall remain unchanged. All other issuances, orders, rules and regulations, or parts thereof inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 6. In the event that any provision of this Order or any part thereof is declared invalid or unconstitutional, the provisions not affected thereby shall remain in force and effect.

SECTION 7. This Executive Order shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 29th day of November, in the year of Our Lord, Two Thousand and Nineteen.

 

Published in the Official Gazette, Vol. 115, No. 50, p. 13727 on December 16, 2019.