Executive Order No. 1036, s. 1985

Signed on June 27, 1985

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 1036

INSTITUTIONALIZING THE NEW ORGANIZATIONAL STRUCTURE OF THE METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM

WHEREAS, pursuant to Executive Order No. 961, the President of the Philippines directed the General Manager of the Metropolitan Waterworks and Sewerage System (MWSS) to redesign the organizational structure of the MWSS in order to improve its efficiency and productivity and thus upgrade public service;

WHEREAS, the new organizational structure of the MWSS as approved by its Board of Trustees will require further amendment of the existing Charter of the MWSS (Republic Act No. 6234, as amended);

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, particularly Presidential Decree No. 1416, as amended by Presidential Decree No. 1772, do hereby order:

SECTION 1. The first and second paragraphs and subsections (e) and (f) of the fourth paragraph of Section 4 of Republic Act No. 6234, as amended, are hereby further amended to read as follows:

“SEC. 4. The Board of Trustees, Composition; Qualifications; Tenure; Powers and Duties. The corporate powers and functions of the System shall be vested in and exercised by a Board of Trustees composed of seven (7) members consisting of the Minister of Public Works and Highways as ex officio Chairman, unless the President of the Philippines shall appoint another person as Chairman, the Administrator of the System as Vice-Chairman, four (4) members who shall be appointed by the President of the Philippines, and the Government Corporate Counsel as ex officio member who shall be the legal adviser of the Board.

“The Chairman, if appointed, and the four (4) appointive members of the Board shall hold office for a period of five (5) years, except that any person appointed to fill a vacancy shall serve only for the unexpired portion of the term of the member whom he succeeds.

“xxx                    xxx                    xxx

“The Board, moreover, shall have the following specific powers and duties:

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“(e) To appoint and fix the compensation of the Senior Deputy Administrator and the Deputy Administrators;

(f) By a majority vote of all its members, to suspend or remove for cause the Senior Deputy Administrator or any Deputy Administrator, subject to the provisions of the Civil Service law, rules and regulations.

“xxx                    xxx                    xxx

SEC. 2. Section 6 of Republic Act No. 6234, as amended, is hereby further amended to read as follows:

“SEC. 6. Meetings of the Board, quorum, required votes, per diems and allowances. – Immediately after its organization, the Board of Trustees shall adopt the rules and procedures for the conduct of its meetings. A simple majority of at least four (4) members of the Board shall constitute a quorum to transact business, and the majority vote of the members present there being a quorum shall be required for the adoption of any action. For actual attendance at meetings the Chairman, the Vice-Chairman and the members of the Board shall each receive a per diem of not less than five hundred pesos for every regular or special Board meeting; Provided, That the total number of said meetings shall not exceed five a month; Provided, further, That all the members of the Board shall be entitled to reasonable transportation, representation and/or other allowances as shall be fixed by the Board.

“The Chairman shall preside over all regular and special meetings of the Board, and, in case of his absence or disability, the Vice-Chairman shall preside. In the event of the absence or disability of both, the members present may choose from among themselves the one who shall preside.”

SEC. 3. Section 7 of Republic Act No. 6234, as amended, is hereby further amended to read as follows:

“SEC. 7. Other Officers and Employees; their appointment; qualifications. – The Deputy Minister of Public Works and Highways for Construction and Quality Control shall be the ex officio Administrator of the System, unless the President of the Philippines shall appoint another person as such Administrator. He shall receive a compensation of ninety-six thousand pesos per annum, unless the Board shall fix a higher amount therefor. He shall be assisted by a Senior Deputy Administrator and six Deputy Administrators, one for Engineering, one for Construction Management, one for Operations, one for Finance, one for Administration, and one for Customers’ Service – and such other officers, all of whom shall perform managerial, highly technical and/or primarily confidential functions and additional employees as the Board may provide. The Senior Deputy Administrator and the Deputy Administrator shall be appointed by the Board, upon recommendation of the Administrator of the System, and the Senior Deputy Administrator shall receive a basic compensation of eighty-four thousand pesos per annum, unless the Board shall fix a higher amount therefor.

“The Senior Deputy Administrator and the Deputy Administrators shall be persons of integrity, competence and experience in technical and executive fields related to the purpose of this Act. Their other qualifications, as well as powers and duties, shall be determined by the Board.

“In case of temporary disability or absence of the Administrator, the Senior Deputy Administrator shall act as Administrator of the System. In case of temporary disability or absence of the Senior Deputy Administrator, the Administrator may designate any of the six (6) Deputy Administrators as Acting Senior Deputy Administrator. In case of temporary disability or absence of any of the Deputy Administrators, the Administrator may designate any of the next lower ranking officers in the group as Acting Deputy Administrator.”

SEC. 4. All references to the General Manager and to the Assistant General Managers in the other Sections of Republic Act No. 6234, as amended, shall be correspondingly construed as reference to the Administrator and to the Senior Deputy Administrator or the Deputy Administrators as the case may be by virtue of this Order.

SEC. 5. All laws, executive or administrative orders, letters of instructions, rules and regulations, or parts thereof, inconsistent with this Executive Order are hereby repealed, amended or modified accordingly.

SEC. 6. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 27th day of June, in year of Our Lord, nineteen hundred and eighty-five.

(Sgd.) FERDINAND E. MARCOS
President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant

Source: Malacañang Records Office

Office of the President of the Philippines. (1985). [Executive Order Nos. : 1030-1093]. Manila : Malacañang Records Office.